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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On September 6, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Northern District Court on January 18, 2018. On August 29, 2018, the Defendant completed the execution of the sentence at the Seoul East East District Court. On August 29, 2018, the same court was sentenced to imprisonment with prison labor for larceny, etc. and completed the execution of the sentence on March 21, 2019.
【Criminal Facts】
1. On September 27, 2019, around 06:30 on September 27, 2019, the Defendant issued an order for food to the said victim as if he did not have any means of payment, such as cash or credit card, and if he did not have any intent or ability to pay the food value, he/she would normally pay the food value. The Defendant received an order for food to the said victim as if he/she had no intention or ability to pay the food value. The Defendant received one half of the total amount of KRW 10,000 and one disease per week from the victim.
2. The Defendant: (a) committed a galloning act at a time, at the same time, and at the same place as in paragraph (1); (b) committed a dalloning act; (c) committed a galloning act; and (d) committed a theft by galloning 9 mobile phones equivalent to KRW 1,00,000 on the market price owned by the victim who was placed on the disinfection machine in a restaurant by taking advantage of
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Report on occurrence of a theft;
1. On-site photographs;
1. Criminal records: Criminal records, the current status of personal confinement attached to criminal suspects and repeated criminal records, and application of relevant statutes;
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 329 of the Criminal Act and choice of imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the past records of having been sentenced to imprisonment with prison labor for the same kind of crime in the past, and the crime of this case also committed during the period of repeated crime, such as larceny, and the victim was agreed upon or failed to recover from damage.