[criminal records] On November 14, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing business operations at the Seoul Western District Court, and completed the execution of the sentence on July 30, 2015.

In this case, the indictment does not contain any provision of the Criminal Act concerning the aggravation of repeated crimes and the aggravation of repeated crimes. However, even if the criminal facts of the defendant, which are the grounds for the aggravation of repeated crimes, do not constitute criminal facts and merely constitute the grounds for sentencing, it may be tried and determined even if the indictment is not stated in the indictment, and even if the application of the provision regarding the aggravation of repeated crimes is not stated in the indictment, the court may ex officio apply this provision to punish the defendant as a repeated crime (see, e.g., Supreme Court Decision 2006Do3194, Jul. 27, 2006).

[2] On July 15, 2018, at around 18:30, the Defendant: (a) obstructed the victim’s beauty room business by avoiding the disturbance of about 10 minutes, i.e., taking a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report ( telephone conversations between victims);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the scope of the punishment [the scope of the punishment [the scope of the punishment [the scope of the punishment] shall interfere with the affairs, and the scope of the reduced area (one month to eight months] [the person subject to special mitigation] shall not be punished (including a serious effort to recover damage] / The same repeated crime;

2. The degree of power of the Defendant’s exercise of sentence does not seem to be significant, and the time during which the Defendant obstructed operations is less than 10 minutes, appears to have agreed with the victim, and all of its mistakes are contrary to this.