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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On August 25, 2016, the Defendant was sentenced to eight months of imprisonment for criminal fraud in the Gwangju District Court’s net support on August 25, 2016, and on February 14, 2017, the Gwangju District Court’s completion of the enforcement of the sentence and the same criminal records were 29 times in total.
[Criminal facts] On March 13, 2017, around 22:00, the Defendant ordered beer and beer to the victim at the 3 heading room, which is located in B, and told the victim to leave the entertainment reception room.
However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, and entertainment service from the injured party.
The Defendant received from the injured party an alcoholic beverage with a total amount of KRW 110,00 in the market value of KRW 110,00,00, and did not pay the amount when he received the service from the injured party, which is equivalent to the market value of KRW 30,00,00.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;
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. The sentencing of Article 35 of the Criminal Act for aggravated repeated crimes is a majority of criminal convictions with the same kind of reason, and the amount of damage is not significant, and the punishment as ordered is determined by comprehensively taking account of various circumstances as shown in the arguments in the instant case, including the Defendant’s age, sex, family relation, circumstances, and result of the crime, and the circumstances after the crime.