A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal history] On July 23, 2014, the Defendant was sentenced to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) and two years of imprisonment for fraud at the Suwon District Court House on July 23, 2014, and completed the execution of the sentence at the Net Prison on March 21, 2016.

[Criminal facts]

1. On June 20, 2016, the Defendant: (a) around 14:50 on June 20, 2016, at the specialty store of the “E” operated by the victim D in Ansan-si (hereinafter referred to as the “E”); (b) on the basis of the fact, the Defendant, despite having no intent or ability to pay the price even if he/she sells alcoholic beverages and foodstuffs, ordered that he/she would normally pay the price; and (c) ordered the drinking and food, and was issued 14,000 won (hereinafter referred to as “the market price”) and 2 bottles of the small-scale.

2. On June 21, 2016, the Defendant: (a) around 11:40 on June 21, 2016, at the “H” restaurant operated by the victim G on the second and the second floor in Ansan-si; (b) on fact, the Defendant, despite having no intent or ability to pay the price even if he/she sells alcoholic beverages and foodstuffs, was done as if the Defendant would normally pay the price; and (c) ordered drinking and food, and the Defendant was issued 16,000 won in total at the market price, namely, from the damaged person, i.e., e., delivery of 16,00 won in total at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of G and D

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes – Reasons for sentencing under Article 38(1)2, and Article 50: The defendant recognized his/her mistake and reflects his/her fault, the damage amount is not significant, the father of the defendant restored the victims' damage - the disadvantageous circumstances: the defendant has a record of having been punished several times for the same crime, such as being punished seven times only by punishment due to fraud, etc. since 206.