A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 14, 2018, at around 17:50, the Defendant received an order for alcohol and food equivalent to KRW 5,000 from the victim, even though he/she did not have the intent or ability to pay the drinking value, as stated in “D” operated by the victim C in Young-gun B, Young-gu, Young-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Receipts:

1. Reports on internal investigation (to hear statements from victims);

1. As a result of the inquiry into criminal records, a copy of each judgment and summary order [In full view of the above evidence, it is recognized that the defendant had no intent to repay even if he had the ability to repay to the defendant at the time of committing the crime, and that the defendant was provided with alcohol and food orders as if he had the intent of the victim, and thus, the defendant may be found guilty of the charges]

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the criminal records are ten times or more criminal records committed for a crime that is similar to the reasons for sentencing under Article 44-2 of the Act on Probation and Medical Treatment and Custody, etc. (the defendant is deemed to have a habit of drinking alcohol or a person addicted thereto, and need to prevent recidivism through outpatient treatment), and the criminal records are deemed to have been sentenced again to a suspended sentence of imprisonment even if the judgment was sentenced to a suspended sentence of imprisonment, and the criminal records repeated by the defendant are attributable to alcohol dependence, and they cannot be prevented from committing the crime without any fundamental treatment of the above diseases.

Therefore, the sentence of the suspended sentence of the medical treatment order, which was newly introduced rather than being isolated in society immediately sentenced to the defendant, is more effective to prevent recidivism.

The term of imprisonment for the accused shall be the above circumstances and the age, character, character and environment of the accused.