The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. In light of the legal principles, each of the instant crimes was committed by misapprehending the legal principles, and thus, the Defendant cannot be recognized as habitually.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The lower court applied Article 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) and Article 350 of the Criminal Act to habitually attack the Defendant.

In this regard, Article 2 (1) of the former Punishment of Violences, etc. Act was deleted as the Act on the Punishment of Violences, etc. was promulgated and enforced by Act No. 13718 on January 6, 2016, and Article 2 (1) of the former Punishment of Violences, etc. Act was deleted. Since this is deemed to be an amendment of the Act based on the reflective consideration that the previous sentencing was too serious because it has lost its legitimacy and balance in the punishment system, the Act on the Punishment of Violences, etc. cannot be applied to the above facts charged, and the more punishment is subject to habitual attack under the minor Criminal Act, and the judgment of the court below is no longer maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the legal principles is still subject to the judgment of this court, and this is examined below.

B. We examine the judgment of the misapprehension of the legal principle. The following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, that is, the defendant was punished for the same kind of crime, and all of the crimes of this case are reported to the police to the victims who requested payment after drinking in the singing practice place.

The payment of the price is made in such a manner that it is possible for the defendant to pay it, and three times a week between the defendant and the fire.