Cases of punishment in cases where a crime has been committed over the period before and after the judgment of the court was rendered, and the same crime was committed again before and after the judgment became final and conclusive.

Cases of punishment in cases where a crime has been committed over the period before and after the judgment of the court was rendered, and the same crime was committed again before and after the judgment became final and conclusive.

Articles 37, 39, 257, and 264 of the Criminal Act; Article 326(1) of the Criminal Procedure Act

[Plaintiff-Appellant] 82Do2829 decided Apr. 26, 1983 (Article 326 (53) of the Criminal Procedure Act, Article 326 (53) 1026, No. 31 ② 148Gong 706,926)

Defendant

A person shall be punished by imprisonment with prison labor for not less than one year and six months with prison labor for the crimes of Nos. 1 and 3 as stated in the judgment of the defendant, and four months with prison labor.

The number of detention days prior to the rendering of a judgment shall be included in the above sentence as to the crimes No. 1 and 3 as indicated in the judgment.

On May 10, 1975, the defendant was sentenced to imprisonment for a short term of one year and one year and six months, and again on July 2, 1985, the defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a crime of injury resulting from continuing injury at Seoul High Court on July 2, 1985, and the decision was confirmed as of May 10, 197, and is still under a grace

1.Habitually:

A. At around 24:00 on July 24, 1985, the mother of Nonindicted Party 1 (age 59), the mother of the defendant in Man-dong, Nam-gu, Incheon (number omitted), took a bath to the above Nonindicted Party 1, on the ground that the above Nonindicted Party 1, who is the mother of the defendant, speaks against the fighting with his birth, and assaults his female over the floor by breaking it on the front floor;

(b) around 01:00 on September 26, 26, 01:00 of the same year, when the above victim was pushed down on the wall and the front chests to the right side of the wall two times, the victim was crypted with a brupt 2 week crypted, and the victim was crypted with a brupted part

(c) assaulting the victim’s chest on the ground that he was aware of the amount of money at the same location at around 22:00 of the same year;

2.To destroy the property owned by the above victim by breaking up the amount equivalent to 48,00 won at the market price of six copies of the current glass door at the time and place mentioned in the above paragraph (a), at the same time and place;

3. At around 15:00 on August 30, 30 of the same year, the above victim was placed inside the bank and detained the victim for about 2 hours on the ground that the victim became aware of boomed.

The remainder of the facts in each of the facts stated in the ruling, except the habitualness of the first head of the ruling and the first head of the ruling,

1. Statements corresponding thereto made by the defendant in court;

1. Each statement corresponding thereto made by Non-Indicted 1 and 2 in the court

1. Each protocol of examination of the accused prepared by the public prosecutor, which corresponds to the same;

1. Each statement made by the judicial police officer with respect to Nonindicted 1, 2, and 3 in the course of handling administrative affairs; and

1. Entry that conforms to the decisions among a certified copy of family register preparation in the North Korean Peninsula of Seosan-gun; and

1. In full view of the description that corresponds to the part and degree of the injury as indicated in the judgment among the medical certificate of injury to Nonindicted 1 in Nonindicted 4’s preparation of Nonindicted 1, it can be recognized respectively; and

The criminal records of the first head of the ruling shall:

1. Statement corresponding thereto made by the defendant in court;

1. As to the defendant's prosecutorial records, it may be recognized by each corresponding description, etc. from among the report on confirmation of Non-Indicted 5 prepared by the Prosecutor's Office and criminal records other than that prepared by the head of Incheon East Police Station;

point of habituality of the first head of paragraph 1 of the ruling

As stated in the first head of the judgment, the Defendant again committed the crime described in Paragraph 1 of the same kind of judgment from the date of being released despite the previous convictions who had been repeatedly punished on several occasions, as stated in the judgment, and again committed the crime. In light of the motive, method, etc. of the above crime, the Defendant has a habit of assault and bodily injury on the existence of the crime, and the above crime can be recognized as having been caused by the crime. Therefore, all of the facts of the judgment are proven.

Article 264, Article 257 (2) and Article 257 (1) of the Criminal Act comprehensively provides that Article 264, Article 257 (2) and Article 36 of the Punishment of Violences, etc. Act is violated, and Article 366 of the Criminal Act provides that Article 2 (2) and (1) of the Act on the Punishment of Violences, etc. and Article 366 of the Criminal Act provides that Article 276 (2) and Article 276 (1) of the Criminal Act shall apply to the crime of habitual injury. Article 257 (2) of the Criminal Act provides that the punishment under Article 257 (1) of the Criminal Act shall be aggravated with respect to the crime of habitual injury, and Article 257 (1) of the Act on the Punishment of Violence, etc. shall be included in the prescribed term of imprisonment with prison labor for the crime of habitual injury, etc., and Article 37 (1) of the Criminal Act provides that the first crime of habitual injury, etc. and Article 37 (1) of the Criminal Act shall be punished separately for the crime of habitual injury.

It is so decided as per Disposition.

Judges Kim Jong-k (Presiding Justice)