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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 20, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court Hongsung Branch on September 20, 2016, 1 year and 6 months, 4 months from the Daejeon District Court on December 5, 2016, and 6 months from the Daejeon District Court on December 21, 2016, and 6 months from the Daejeon District Court on December 21, 2016, and completed the execution of the sentence in the Daejeon Prison on October 19, 2018.
1. On December 9, 2018, at the “D cafeteria” operated by the victim C (year 67) in Boan-si B (year 18:40, Dec. 9, 2018, the Defendant, even though he/she did not intend or have the ability to pay the food value, he/she obtained the victim by deceiving the victim with alcohol and food equivalent to KRW 30,000 at the market price as if he/she would pay the food value.
2. Around 20:05 on December 9, 2018, the Defendant: (a) demanded the victim’s wife to pay the food value from the victim’s wife in front of the instant “Dcafeteria”; (b) took the victim’s flaps around the fat, using flaps, and “whether the victim’s face would be bitched and bitson’s money would be changed”; and (c) took the victim’s face at one time in drinking; and (d) took the flaps and head flaps around the restaurant, the victim’s face and head flaps were cut back, and then, the flaps, which are dangerous things accumulated adjacent to the restaurant entrance, caused injury to the victim, such as flapsing, requiring approximately two weeks medical treatment, by taking once the victim’s flaps and flaps, respectively.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and C;
1. Five copies, such as site photographs, and standing photographs;
1. A medical certificate;
1. Previous convictions: Criminal history records, personal confinement status, nine copies of the judgment (the defendant and his defense counsel asserted that special injury crime under the judgment constitutes self-defense. However, since there is no evidence to prove the fact that the defendant was assaulted first from the victim at the time, the prior assertion on different premise cannot be accepted).
1. Relevant provisions concerning facts constituting an offense;