폭력행위등처벌에관한법률위반(상습상해)
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal is that the crime of this case is not based on the habit of violence, but it is erroneous in the misapprehension of legal principle that the crime of this case is the habituality of the defendant's act of violence, which affected the conclusion of the judgment.
2. The lower court determined that the Defendant’s crime of this case was established as a result of the Defendant’s act of violence, in light of the Defendant’s character, occupation, environment, and transit, the motive, means, and method of the instant crime, the time interval with the previous crime, and similarity with the contents of the crime, etc. as indicated in its holding.
In light of the circumstances in the lower court’s reasoning that the lower court duly admitted and investigated evidence, and that is, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., the Defendant committed the instant crime on the ground of the birth of the Defendant and the victim, even if the Defendant and the victim had long-standing birth, unless there are special circumstances to deem that the Defendant caused the instant crime.
Therefore, as alleged by the Defendant, the lower court did not err by misapprehending the legal doctrine on the habitual nature of violence, thereby adversely affecting the conclusion of the judgment.
Defendant’s assertion is not accepted.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.