All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Each assault listed in Paragraph (1) of the judgment of the court below, in light of the number of times and circumstances, is limited to the individual cause and motive, and is not attributable to the defendant's habition.

Nevertheless, the lower court erred by misapprehending the legal principles on habitual assault or by misapprehending the legal principles on habitual assault, thereby adversely affecting the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. Habituality in a crime of determining the misunderstanding of facts or misapprehension of legal principles is not a mistake of a criminal offender and a tendency of a crime, and it does not constitute the nature of the act, and the nature 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, details of the crime, motive, means, method, and place of the crime, interval with the previous crime, and similarity with the contents

(See Supreme Court Decision 2004Do6176 Decided May 11, 2006). The court below also asserted the same purport in the court below. The court below rejected the Defendant’s assertion on the following grounds: (a) based on the “judgment on the Defendant’s and counsel’s assertion” part; and (b) based on the evidence duly admitted and investigated, the court below acknowledged the circumstances as stated in its reasoning; and (c) comprehensively taken account of these circumstances, it can be recognized that the instant crime was committed by the Defendant’

Examining the evidence duly adopted and examined by the court below in light of the above legal principles, the above judgment of the court below is just and acceptable.