The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the following: (a) the number of assault crimes of this case, including the number of times, means and methods, motive, time and interval of the crime, the age and tendency of the defendant and the victim, and the relationship between the defendant and the victim, which can be known by evidence submitted by the prosecutor, including the statement at the investigative agency of the victim D (hereinafter “victim”) (hereinafter “victim”), each of the assault crimes of this case can be sufficiently recognized as the formation of the defendant’s violence habit.

However, the lower court erred by misapprehending the legal doctrine on habitual nature, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (a punishment of imprisonment for seven months, two years of suspended sentence, one hundred and sixty hours of community service order, and forty hours of lecture attendance order) is too uneasy and unreasonable.

2. Determination

A. The judgment of the lower court on the assertion of misapprehension of the legal doctrine (1) was made on July 2016, the Defendant habitually abused the victim four times from that time until July 19, 2016, inasmuch as the victim’s house at the early police officer’s home did not form a container, and assault the victim’s head at a time.

(2) The judgment of the court below is based on various circumstances such as the defendant's age, character, occupation, environment, criminal record, motive, means, method and place of the crime, time interval with the previous crime, similarity with the contents of the crime, etc. (see, e.g., Supreme Court Decision 2004Do6176, May 11, 2006). According to the evidence submitted by the prosecutor, it is recognized that the defendant has inflicted multiple violence and injury on the victim several occasions according to the facts presented by the prosecutor, but it is recognized that the defendant has inflicted multiple violence and injury on the victim.