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The defendant shall be exempted from punishment.
Reasons
Criminal facts
On April 7, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul East District Court for fraud, etc., and completed the execution of the above punishment on December 5, 2017. On September 6, 2018, the Seoul Central District Court sentenced two years of imprisonment with prison labor for fraud, etc., and the judgment on March 29, 2019 became final and conclusive.
At around 02:30 on May 7, 2018, the Defendant ordered the victim to alcohol, alcohol, etc. at the main point of “D” managed by the victim C in the first basement B in Gwangjin-gu Seoul Special Metropolitan City.
However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage, alcohol, etc.
The Defendant, by deceiving the victim as above, received from the victim one disease in two weeks, one week, and two cans of drinking water in total of 76,90 won, and acquired it by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
2. C’s statement;
3. Previous convictions in the text of a copy of a receipt: The application of Acts and subordinate statutes concerning criminal records, each copy of judgment, and personal confinement.
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
2. Article 35 of the Criminal Act among repeated crimes;
3. The latter part of Article 37 and the main sentence of Article 39 (1) of the Criminal Act (the former part of Article 39 (1) of the Criminal Act in the course of dealing with concurrent crimes).
4. The latter part of Article 39(1) of the Exempted Criminal Act (the crime of this case is committed at a time similar to that in which the judgment became final and conclusive, and comprehensively taking account of the details of and amount of damage to the crime, circumstances after the crime, etc., the judgment that the defendant did not have any more severe punishment even if the judgment was rendered at the