폭력행위등처벌에관한법률위반(상습상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date of the final judgment.
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts only committed assault (Article 3) around August 2009, 201 (Article 7) and assault (Article 13) around July 20, 201, and 3.25 March 25, 2013, and did not commit assault and injury, such as the remainder of the facts charged.
B. Legal principles are merely about 14 years prior to the Defendant’s violent crime, and the facts charged in this case are only disputes arising from the relationship between the Defendant and the victim with internal relations for a period of about 8 years, and it is difficult to view that it is the realization of the Defendant’s violent habition, and thus, the Defendant does not have habitual nature under Article 2(1) of the Punishment of Violences, etc. Act.
C. The lower court’s imprisonment with labor (two years of imprisonment) is too unreasonable.
2. “Habitual” under Article 2(1) of the Punishment of Violences, etc. Act, prior to the judgment on the grounds of appeal by the defendant ex officio, does not mean only the habitual nature of each of the crimes listed in each subparagraph of the same paragraph, but it is reasonable to interpret that a person with the above habitive wall refers to the habitive wall of all of the crimes listed in each subparagraph of the same paragraph. Thus, if a person with the above habitive wall commits another type of crimes listed in each subparagraph of Article 2(1) of the Punishment of Violences, etc. Act, each of the above acts constitutes a comprehensive crime of habitual violence under the most severe statutory penalty of each subparagraph.
(Supreme Court Decision 2008Do3657 Decided August 21, 2008).
Nevertheless, the court below divided the crime of this case into the crime of violation of the Punishment of Violences, etc. Act (Habitual Violence) and the crime of violation of the Punishment of Violences, etc. Act (Habitual Injury), and committed an aggravated and aggravated crime of each of the above crimes, and affected the judgment, so the judgment of the court below is no longer maintained.
However, as above.