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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. According to the evidence submitted by the prosecutor (1) misunderstanding of facts (the part not guilty in the judgment of the court below), the court below which did not recognize the criminal intent of the defendant by mistake of the facts and affected the conclusion of the judgment, even though the defendant's drinking and drinking without the intention to pay the drinking value is recognized.
(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too uneased and unreasonable.
B. The lower court’s punishment is too unreasonable.
Judgment
A. Whether there exists a mistake of facts (not guilty part of the judgment of the lower court) (1) The Defendant’s summary of the facts charged in the “Lagle” located in K in the Y of the Ynamdo-gun on August 4, 2014, the victim, around 22:40, 2014.
Even if M&M claims the price, he/she claimed excessive claims for the price, and received an order of alcohol and alcohol equivalent to KRW 190,000,000, such as beer 20 illness and beer, as if he/she did not have an intent or ability to pay the price, and would normally pay the price.
Accordingly, the defendant was given property by deceiving the victim.
(2) The lower court determined that: (a) the Defendant: (b) the Defendant was to say that he would bring about the victim’s statements; (c) the Defendant was to demand the police first after tearing the said statements that the victim would have written in detail; and (c) the Defendant, when the victim brought about the statements again, could be interpreted as an act of withdrawing the statements when she would not receive the statements; and (d) the Defendant could be interpreted as an act of withdrawing the statements before the instant case, and (e) the Defendant’s prior to the instant case, as an act of withdrawing the statements.
In full view of the fact that the defendant made a normal settlement at the time of drinking in the room without any problem, the defendant would be able to pay the price at the time of ordering the alcohol and the alcohol.