"2018 Highest 3130"

1. The indictment for habitual injury is divided into habitual injury and habitual violence. A prosecutor appears to have been prosecuted as concurrent crimes of the above two crimes. However, it is reasonable to interpret that "Habitual injury" referred to in Article 264 of the Criminal Act does not mean only habitual violence between each of the crimes listed in the same Article, but also means the habit of violence which covers all of the crimes listed in the same Article. Thus, if a person with the above damp wall commits other crimes of each of the crimes listed in Article 264 of the Criminal Act, each of the above acts constitutes a single comprehensive crime of habitual violence (see Supreme Court Decision 2008Do3657, Aug. 21, 2008), each of them constitutes a single comprehensive crime of the most severe statutory penalty (see Supreme Court Decision 2008Do3657, Aug. 21, 2008).

On March 16, 2018, the Defendant received a summary order of KRW 1 million as an offense of assault in the Busan District Court’s Branch, and on June 2, 2017, the same court received a summary order of KRW 1 million as an offense of assault, and on July 20, 2017, the same court received eight times the record of disposition of juvenile protection cases due to assault, such as being subject to disposition of juvenile protection cases due to obstruction of performance of official duties, etc., on eight occasions, and assaulted victims or inflicted injury on victims as follows.

2018. 8. 26.자 범행 피고인은 2018. 8. 26. 02:00경 김포시 B 버스 정류장 앞길에서, 승용차를 운전하고 가던 중 피해자 C(45세)이 무단횡단 하는 것을 보고 경적을 울렸는데 피해자가 이에 대해 손을 들어 올리면서 “왜 빵빵 거리냐”며 항의하자 주먹으로 피해자의 얼굴과 가슴 부위를 수회 때리고 발로 피해자의 등 부위를 걷어차, 피해자를 폭행하였다.

B. On September 12, 2018, the Defendant committed the crime in September 12, 2018: (a) was in front of the main point of “E” located in Kimpo-si, Kimpo-si, around 20:00.