폭력행위등처벌에관한법률위반(상습상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of loss or weak ability to discern things.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
A. Habituality in a crime refers to a certain brusity of a criminal and the tendency of a crime, and it does not constitute the nature of the act, and it refers to the character that constitutes the character of the offender. As such, the existence of habituality as prescribed by Article 2(1) of the Punishment of Violences, etc. Act shall be determined by comprehensively taking into account various circumstances, such as the Defendant’s age, character, occupation, environment, fact-finding, motive, method and place of the crime, interval with the previous
(See Supreme Court Decision 2004Do6176 Decided May 11, 2006, etc.). B.
According to the evidence duly adopted and examined by the lower court, the Defendant was punished by imprisonment, suspension of the execution of imprisonment, or fine several times by committing an act of violence, etc. from around 1988 to around 2012; the Defendant was sentenced to ten months by imprisonment with prison labor in the Changwon District Court’s Jinju Branch on January 20, 2010; and the Defendant was issued a summary order on October 8, 201 during the period of repeated crime on February 11, 201 (the Defendant was issued a summary order of KRW 2 million on April 20, 201); ② the crime of injury on March 5, 201 (an order of KRW 3 million on May 1, 2012); ③ the Defendant was issued with a summary order of KRW 200,000 on March 24, 2012 (an order of KRW 200,000,000). < Amended by Act No. 11383, Aug. 24, 2012012>
However, in light of the following circumstances acknowledged by the record, only the above criminal records of the defendant, etc., are the crimes of this case inherent in the defendant.