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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2. A candidate for medical treatment and custody shall be punished by medical treatment and custody;
Reasons
Criminal facts
On May 17, 2017, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") are the person who was sentenced to imprisonment with prison labor for at least four months in the Busan District Court for night-time structure intrusion larceny, and completed the execution of the sentence in Busan Detention Center on September 14, 2017.
【Criminal Facts】
"2019, 654"
1. On September 7, 2019, around 11:30 on September 7, 2019, the Defendant: (a) sent the same attitude that the victim C should pay food at a restaurant located on the second floor of the Busan Jung-gu B building; and (b) ordered alcohol and alcohol.
However, the defendant did not have an intention or ability to pay food value because he did not possess cash, card, etc.
Nevertheless, the Defendant, by deceiving the victim as above, was provided with 12,00 won at the market price and 1 disease at a 12,000 won.
Accordingly, the defendant was given property by deceiving the victim.
2. From around 12:20 on September 7, 2019 to 13:00 on the same day, the Defendant: (a) expressed the victim’s desire to demand the payment of food values from the victim C at the above restaurant; (b) laid the table table boom; and (c) repeated actions to get out on the floor by getting out of the bar, and repeated actions to be taken on the floor, making the victim’s restaurant employees and customers feel uneasy; and (d) interfered with the victim’s restaurant business by force for about 30 minutes by allowing the entering customers to enter.
[Facts under Medical Treatment and Custody] The Defendant was addicted to alcohol and committed a crime under the judgment, and there is a need for medical treatment at a medical treatment and custody facility and the risk of recidivism.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. 112Report sheet, investigation report (as to the on-site situation), site photograph, etc. - Receipt;
1. A previous conviction in judgment: an inquiry report, an inquiry report, and a report on the results of confirmation of the previous disposition.