A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 10, 2015, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and completed the execution of the sentence on February 25, 2016.

Around August 8, 2016, the Defendant did not change a certain occupation and did not have any cash or credit card payment means, and even if he did not have the ability to pay the price even if he/she received an order of alcohol, the Defendant issued an order of alcohol, but requested an entertainment worker on August 8, 2016 at the “Esing shop” operated by the victim D, located in Busan Jin-gu Busan, Busan, as if he/she would pay the price.

Accordingly, the victim provided the defendant with the amount of 1,00,000 won equivalent to the market price of 1,000,000 won and entertainment workers, and the defendant did not pay the price but did not acquire the same property profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes as the result of prisoners search;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Although Article 35 of the Criminal Act recognizes and reflects the reasoning for sentencing of repeated crime, the punishment as ordered is determined by comprehensively taking account of the Defendant’s age, sex behavior, environment, background leading to the crime, circumstances after the crime, etc., as well as the punishment for the crime in this case, even though there was a history of criminal punishment for the same kind of crime, without being aware of the same crime during the period of repeated crime, and after being sentenced to a fine due to the nature of the same crime, the crime in this case was committed during the period of repeated crime.