Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 28, 2015, the Defendant: (a) around 23:30 on May 28, 2015, in the “D” entertainment tavern for the victim’s operation “D” in the Seocheon-gun B, and (b) did not have the intent or ability to pay the drinking value, the Defendant ordered two diseases to the victim; (c) did not pay the drinking value, namely, at least KRW 5.80,00,00, and did not pay the drinking value after receiving the drinking value from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of relevant Acts and subordinate statutes, such as evidence photographs;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. While it is reasonable to strictly punish the defendant in light of the fact that the defendant for the reason of sentencing under Article 62(1) of the suspended execution under the Criminal Act committed the crime of this case even though there are many persons who had been punished for the same kind of crime, it is reasonable to strictly punish the defendant in light of the fact that the defendant is recognized as committing the crime, and the fact that the victim does not want the punishment of the defendant by agreement with the victim is considered as favorable to the defendant, and such punishment shall be determined as ordered by taking into account all the factors such as the background of the crime