A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[Criminal Power] On October 25, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Gwangju District Court on February 13, 2019, and completed the execution of the sentence in the Sejong Prison.

【Criminal Facts】

On March 20, 2019, around 23:30 on March 20, 2019, the Defendant took the same attitude as “A” operated by the victim C in the Dong-gu Gwangju-gu, Gwangju-gu, to pay the drinking value normally, and ordered the victim to be 5 illness and bene.

However, at the time, there was no intention or ability to pay the drinking value because there was no means of payment such as cash or card.

The Defendant, by deceiving the victim as above, received from the victim 45,00 won at a market price of 45,00 won or more, 5 beer and beer.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Invoice;

1. Previous records of judgment: Investigation report (Attachment to previous records and written judgments, etc.), application of the suspect examination protocol of the accused to the prosecution;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The sentence shall be imposed on the defendant in light of the circumstances that the defendant with the reason for sentencing Article 35 of the Criminal Act, among repeated crimes, has a record of serving several times of punishment including a concurrent crime of the same kind, and the defendant has committed the same kind of crime in only one month during the period of repeated crime committed by the same kind of crime;

However, considering the fact that the defendant repents the defendant's wrong and reflects his depth, the amount of damage does not exceed the amount of damage and the point agreed with the victim in favorable circumstances, the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the records and arguments of the case.