A defendant shall be punished by imprisonment for not less than two months.

Criminal facts

On June 14, 2018, the Defendant sentenced the Incheon District Court to nine months of imprisonment for fraud, and completed the execution of the said sentence on September 13, 2018.

1. Fraud;

A. On September 15, 2018, around 00:30 on September 15, 2018, the Defendant appeared to pay the drinking value in the singing room operated by the victim AB in Michuhol-gu Incheon, Michuhol-gu, and was provided by the victim with alcoholic beverages equivalent to KRW 150,000 at the market price, such as two-way and one-way week.

B. On October 4, 2018, at around 22:00, the Defendant was provided food equivalent to KRW 70,000 at the market price, such as four-person (4-person), four (4) bottles, four (1) bottles, and one (1) bottles of drinking water, etc., which were 70,000, in a restaurant operated by the victim AD in Michuhol-gu Incheon, Michuhol-gu, Incheon, without the intent or ability to pay the food value.

2. Around 07:09 on September 29, 2018, the Defendant: (a) went back without paying the hospital expenses in front of the second floor of the AF Hospital located in Michuhol-gu Incheon, Michuhol-gu; (b) went back to the above hospital; and (c) was forced from the victim AG (33 years of age) who is a security personnel, while sending back to the hospital again, and caused the Defendant to assault the victim by having tightly pushed off the victim’s chest with both hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to AB, AH, and AI;

1. Each police statement in the preparation of AD and AG;

1. Receipts and invoices;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (the same type of criminal records and reports of suspects A);

1. Relevant legal provisions concerning the facts constituting an offense, the choice of punishment, and fraud: Article 347 (1) of the Criminal Act and the point of assault: Article 260 (1) of the Criminal Act;

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

1. The defendant in the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, which aggravated concurrent crimes, has already been punished by imprisonment for the same kind of crime in the past.