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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] On May 7, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Changwon District Court, and on November 8, 2016, was sentenced to four months of imprisonment with prison labor for fraud at the Changwon District Court Msan Branch, and completed the execution of the sentence at the Changwon Prison on December 25, 2016.
[2] On July 16, 2017, the Defendant: (a) around 02:40 on July 16, 2017, at the “E main point operated by the victim D, a victim D, who was on the second floor C 2, Changpo-si, Changpo-si, Changpo-si; (b) requested the victim to provide the victim with alcohol and alcohol despite the lack of the intent or ability to pay the alcohol value; and (c) the victim was provided with alcohol and alcohol equivalent to KRW 60,00 from
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Receipts:
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The sentencing conditions under Article 35 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., shall be determined as stated in the order, taking into account the following circumstances under the reason for sentencing of aggravated repeated crimes.
The Defendant committed the instant crime even before the lapse of one month, even though he was sentenced to a fine on June 9, 2017, with respect to the same type of crime committed during the period of repeated crime due to the same crime, the Defendant committed the instant crime even before the lapse of one month.
In addition, there are many people who have been punished for the same crime.
The damage was not recovered.
The favorable circumstances: The crime of this case is against the law.
The amount of damage is not significant.