A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 15, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the District Court, and on April 6, 2018, the execution of the sentence was completed by the Child Training Correctional Institution.

1. On June 21, 2018, the Defendant: (a) committed assault and assault against the victims at the “Esing 9” room in Yangju-si operated by the Victim C (the age of 43) on the following occasions: (b) around 21:10: (c) 9, which became an issue of the drinking value; (d) the victim C’s chest was pushed down by hand; and (e) the victim F (the age of 18), who is an employee who speaks, was tight and pushed down.

2. On June 21, 2018, at around 20:10, the Defendant ordered the victim C to provide alcohol and alcohol as if the victim would normally pay the drinking value.

However, the defendant did not have any intention or ability to pay the price normally even if he was provided with alcohol, salutism, etc. due to the lack of any money.

The Defendant received food equivalent to KRW 90,00 in total, including beer and beer, from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Each statement of G and H;

1. Receipts, on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment) concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime) of the aggravated concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty-eight years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a year to February 10.

(a) Class 1 Crimes (Fraud) / General Fraud / [Extent of punishment for recommendation] / Category 1 (less than KRW 100,000) / [one year to two years] / Special Aggravation / One year and six months] / Same type of repeated crime;

(b) 2 offences (Assaults) (Scope of recommendations).