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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On January 18, 2016, the Defendant, at the “D” house operated by the victim C in Yansan-gu, Jeonju-si, Seoul, around 005, received an order from the victim to pay the price despite the absence of the intent or ability to pay the price, and the Defendant, despite the absence of the intent or ability to pay the price, ordered the alcohol and the alcohol as if the victim would pay the price to the victim. The Defendant, from the victim, received an order from the victim, the Defendant received an alcoholic beverage equivalent to KRW 16,00 in total of the market price of KRW 6,00,000 in the market price, i.e., the amount of KRW 20,00 in the market price.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of the receipt statute
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the Defendant had been punished several times due to the same kind of crime, and the Defendant has repeatedly committed the instant crime, is disadvantageous.
However, if the defendant finds the victim, the defendant can find the victim.
In other words, the fact that the defendant paid a monetary reward and sought a letter (not more than 43 pages of evidence records), his mistake is pened, and the defendant seems to need more re-scriptive process through alcohol treatment lectures rather than the edification by confinement.
The punishment as ordered shall be determined by comprehensively taking into account the aforementioned circumstances, the overall circumstances and results of the instant case, as well as various sentencing conditions indicated in the records, such as character, behavior, career, and circumstances before and after the commission of the crime.