A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] On December 16, 2016, the Defendant was sentenced to imprisonment with prison labor for 10 months for fraud, etc. in the Sungnam branch support of Suwon branch, and on August 12, 2017, the Defendant completed the execution of the sentence.

[2] On March 5, 2018, the Defendant: (a) around 23:00, at the main point of “E” operated by the Victim D located in Gangnam-gu Seoul Metropolitan Government C, the Defendant: (b) had the intent or ability to pay the price, despite the fact that he/she did not have the intent or ability to pay the price; (c) had the intent to pay the price; and (d) had the victim induced the victim by placing an order with the alcohol and the alcohol; and (d) had the victim received the delivery of alcohol and the alcohol equivalent

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in court (the facts charged are acknowledged, but the crime committed in a mental and physical weak state is committed);

1. Written statements and medical certificates of D;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (report on repeated crimes and accompanying documents of the same kind and previous convictions), and application of each statute of the judgment;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following facts are favorable: (a) the time when committing the crime for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness; (b) the offender committed the instant crime in a mental and physical weak condition; (c) the mental and physical weak condition as a result of the mental appraisal; (d) the mental and physical weakness need to be provided; (e) the amount of damage; (e) the amount of damage is paid; and (e) the family members actively agreed with the victim; and (e) the family members appear to have actively and repeatedly provided the same crime; and (e) the sentence of imprisonment is inevitable despite the above favorable circumstances.

Accordingly, the defendant's age, sex, environment, family relationship, psychological characteristics, medical history, risk of recidivism, etc. as shown in the records shall be determined as a whole.