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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 23, 2017, the Defendant: (a) around 05:10, at the “E” room operated by the victim D of the victim D in Seongbuk-gu, Sungnam-gu, Sungnam-gu; (b) around 05:10 on March 23, 2017; and (c) despite the lack of intent or ability to pay usage fees due to the lack of money during water, the Defendant was engaged in the act as if the victim would normally pay usage fees to the victim; and (d)
The Defendant: (a) by deceiving the victim as above; (b) did not use the said computer from the above date to 19:40 on the same day; (c) did not pay KRW 15,000; and (d) acquired pecuniary benefits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of D;
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. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is very high for the defendant, and the risk of recidivism is high.
However, considering the fact that the crime of this case was led to confession and reflective attitude, the fact that the amount of damage caused by the crime of this case is the small amount of 15,000 won, other circumstances under Article 51 of the Criminal Act, the scope of recommended punishment according to sentencing guidelines, etc., the punishment shall be determined as ordered.