A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【The Defendant was sentenced to seven months of imprisonment for fraud on October 4, 2016, and the said judgment became final and conclusive on March 3, 2017. The Defendant was released by revocation of detention on October 29, 2016, which was prior to the said judgment, and the execution of sentence was terminated simultaneously with the said judgment.

Although this part of the criminal record was not written in the facts charged, it was submitted as evidence for the investigation report (Attachment report including the text of the judgment, No. 17 list of evidence) and completed the investigation. This part of the criminal record was not written in the facts charged. However, the related court decision (Seoul District Court Decision 2014 High Court Decision 2735 High Court Decision, Suwon District Court Decision 2016No. 2300 decided, Supreme Court Decision 2016Do1782 decided).

The facts of the criminal records of a criminal defendant who is the reason for aggravated repeated crimes do not constitute criminal facts, but merely constitute the reason for sentencing, and even if the indictment does not contain a provision that applies to the aggravation of repeated crimes, the court may ex officio punish him/her as a repeated crime (see, e.g., Supreme Court Decisions 71Do2004, Dec. 21, 1971; 2006Do3194, Jul. 27, 2006; 2015Do6147, Jul. 9, 2015). Thus, even if the indictment does not contain a provision that applies to the aggravation of repeated crimes, the court may punish him/her as a repeated crime by applying it ex officio (see, e.g., Supreme Court Decisions 71Do2004,

In addition, the Suwon District Court 2016 High Court 2913 Highest 2913 Highest 2016 Highest 2913 Highest 2913 Highest 2010 decided July 13, 2018 after appeal and appeal. However, since the crime subject to the above judgment is related to a violation of the Act on the Regulation of Fraud and Similar Receiving Act around June 2013, it is only a concurrent crime with the crime of fraud listed in the judgment and the crime of injury in this case, and it cannot be ruled simultaneously with the crime of injury in this case and the crime of special injury.

[Criminal Facts]

1. On May 28, 2017, the Defendant: (a) 23:30 on May 28, 2017, 201, breathed the victim E, the owner of the business at which he was under the influence of alcohol at “D main points” located in Dongjak-gu Seoul Metropolitan Government; and (b) dump the Defendant’s chest to the Defendant’s chest back to the victim so as to escape from the victim.