A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

【Criminal Records of Crimes】 On August 1, 2016, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Seoul Southern District Court and two years of suspended execution, and the judgment became final and conclusive on August 9, 2016.

[Around 01:00 on August 2, 2016, at the main point of “E” operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) committed an act as if he would pay the said price without any intent or ability to pay the said price; and (b) ordered employees F to provide alcoholic beverage with an alcoholic beverage; and (c) he/she acquired from F one alcoholic beverage equivalent to KRW 25,000 in an amount of KRW 25,000 in an amount of KRW 1,8,000 in an amount of KRW 1,00 in an amount of KRW 2,00 in an amount of KRW 1,73,00 in total, such as two TV poles of KRW 120,00 in an amount of KRW 173,00.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Receipts:

1. Previous convictions: The Defendant asserts that he was in a state of not making a proper judgment on the situation at the time of the instant crime by drinking alcohol at the time of the instant case. According to the evidence duly adopted and investigated by this court, although the Defendant was under the influence of alcohol at the time of the instant crime, it can be known that the Defendant himself was due to drinking. As such, as long as the Defendant was under the influence of drinking alcohol on his own and was under the influence of drinking, such circumstance cannot be deemed as grounds for reduction of or exemption from the Defendant’s liability pursuant to Article 10(3) of the Criminal Act. Thus, the Defendant’s above assertion by the Defendant cannot be accepted.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: the reason for sentencing under Article 39(1) of the Criminal Code; the background of the crime in this case; the degree of damage; whether the defendant has paid damages; the circumstances in which the defendant recognized his mistake; and the judgment of the defendant.