A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 21, 2014, the Defendant was sentenced to one year of imprisonment for fraud and one-year medical care and custody at the Seoul Southern District Court, and was transferred to the Public Care and Custody Center on March 20, 2015 during the execution of the sentence, and completed the medical care and custody at the Public Care and Custody Center on December 28, 2015 (the expiration date of the term of punishment) (hereinafter referred to as “E”), 2016 High Court Decision 197 decided January 8, 2016, the Defendant acquired the victim’s D operation in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, within the “E” gathering, around January 8, 2016, the Defendant acted as if he did not intend or have the ability to pay the drinking value, and the Defendant was aware of the total amount of KRW 2, C, 15 C, 170, and 80, and 80,000, respectively.

【2016 Highest 710 [Defendant] around January 7, 2016, within the “H” operated by the injured party G in Seocheon-si, Seocheon-gu, Seoul, the Defendant committed an act as if he would pay the drinking value even though he did not have the intent or ability to pay the drinking value, and he received from the injured party the alcohol equivalent to KRW 56,00,000 in total, 556,000, such as Lei-Mai and 8,000, and 7,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Invoice, receipts, and on-site photographs;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (related to the expiration of the term of punishment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have a record of having been punished several times as the same crime. On December 28, 2015, the Defendant committed the instant crime only when he/she completed the medical care and custody and left the medical care and custody center, and only when he/she left the medical care and custody center, it is inevitable to punish the instant crime.

However, it seems that the defendant suffers from the mental illness such as cerebral mathy, and is caused by this physical disability.