Text
Defendant shall be punished by a fine of KRW 800,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
[2013 Highest 1292]
1. On February 11, 2013, around 21:25, Jeju-si, at the E-cafeteria operated by the victim D located in C, 21,200 won (e.g., three occupys, one disease, etc., and 21,200 won (hereinafter referred to as the “E-cafeteria”).
However, there was no intention or ability to pay the drinking value.
The Defendant, by deceiving the victim as such, received an amount equivalent to KRW 21,200, including drinking and food, from the victim, and did not pay the amount.
2. At around 16:00 on March 19, 2013, the Defendant drinking alcohol and food equivalent to KRW 21,500,00, such as a small liquor, a high-class fish afforestation, at a H restaurant operated by the injured Party G located in the Jeju-si.
However, there was no intention or ability to pay the drinking value.
The Defendant, as such, by deceiving the victim, received 21,500 won, including drinking and food, from the victim, and did not pay the amount.
The Defendant, as above, by deceiving each victims, acquired the above food cost, etc.
[2] On January 22, 2013, around 00:10, the Defendant: (a) opened a breathous gate with no correction without any justifiable reason in the state of being drunk in the victim J’s residence in Jeju City; and (b) invaded upon his/her residence.
Summary of Evidence
[2013 Highest 1292]
1. Partial statement of the defendant;
1. Each statement of D and G;
1. Each simplified receipt;
1. On-site photographs (2013, 777);
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes concerning police statements to J;
1. Relevant Article 347(1) of the Criminal Act, Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act, the choice of fines for negligence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act
1. The argument defense counsel asserts that at the time of each case, the defendant was in a state of mental disorder that the defendant was satisfy and unsatisfy
2. Determination.