A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 1, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on June 15, 2018.

On August 8, 2018, the Defendant: (a) around August 23:30, 2018, at the “E” drinking house operated by the victim D in Jongno-gu Seoul Metropolitan Government, and (b) despite the absence of the intent or ability to pay the price normally, the Defendant issued an order to pay the price normally; and (c) the Defendant issued an order to pay the price in the drinking field. The Defendant acquired the price by receiving from the victim the total amount of KRW 66,00 in the market price of KRW 66,00 from the damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (to make a witness F telephone conversations, to confirm armored by a suspect, and to have a victim D telephone conversations);

1. Invoice;

1. Paper of a wall;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of statutes (Seoul Southern District Court No. 2018No. 494)

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. As to the Defendant’s assertion regarding Article 35 of the Aggravation Cumulative Offense Criminal Act, the Defendant asserted that he was in a physical and mental state by drinking alcohol due to mental illness, such as alcohol dependence after the instant crime, but comprehensively taking account of all the circumstances such as the motive and circumstances leading up to the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to the above mental illness, etc. at the time of the instant crime, and therefore, the above assertion is without merit.

On March 31, 2011, the defendant was sentenced to a suspended sentence of 4 months for habitual fraud in Seoul Southern District Court and was sentenced to a suspended sentence of 10 times or more for the same crime.