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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 1, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court, and completed the execution of the sentence on December 5, 2017.
On May 13, 2018, the Defendant: (a) around 23:40 on May 13, 2018, the victim C operated on the 1st underground floor of the Dobong-gu Seoul Metropolitan Government B building; (b) on the ground that there is no money with the fact; and (c) on the ground that there is no other means of payment such as a credit card, nor did not have an intent or ability to pay the price even if he/she ordered food and drink, the Defendant took the place as if he/she would normally pay the price; and (d) ordered the victim to perform the alcohol and alcohol, etc.; and (e) obtained the victim’s delivery and
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A receipt received by the person against whom alcohol or security was received;
1. Previous convictions indicated in judgment: Requests for inquiry, such as criminal history, reports on investigation (the confirmation of crimes during the period of repeated crime), and application of Acts and subordinate statutes on personal confinement;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Even though there has been a history of punishment several times including the punishment for the same kind of crime as the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes, the sentence is imposed on the defendant in consideration of the fact that the defendant again commits the crime of this case during the period of repeated crimes. However, considering the fact that the defendant recognized the crime and misunderstanding are divided, and the sentencing conditions as prescribed in Article 51 of the Criminal Act that are shown in the record