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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (a fine of eight million won) is too unreasonable.
B. In light of the fact that the prosecutor (1) misunderstanding of the legal principle has been punished 14 times as violent crime, and the motive, means, and method of the crime are similar to those of the previous crime, and the interval between time and time is not long, the defendant is found not guilty of the violation of the Punishment of Violences, etc. Act (Habitual Injury) against the defendant. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
(2) The lower court’s sentence of unreasonable sentencing (a fine of eight million won) is too unjustifiable and unreasonable.
2. Determination
A. Habituality under Article 2(1) of the Punishment of Violences, etc. Act refers to all the criminal acts listed in each subparagraph of the same paragraph, and the existence of habituality shall be determined by comprehensively taking into account various circumstances, such as the Defendant’s age, character, occupation, environment, details of the criminal act, motive, means and place of the criminal act, case interval with the previous criminal act, and similarity with the contents of the criminal act.
According to the evidence duly adopted and examined by the court below, the defendant was sentenced to a fine of 200,000 won for a violation of the Punishment of Violences, etc. Act in 1997, a fine of 50,000 won for a fine of 50,000 won and fine of 70,000 won for the same crime in 1998, a fine of 1998 for the same crime in 198, a short-term one year, a long-term one year and six months, and a fine of 50,000 won for the same crime in 200, and a fine of 100,000 won for the same crime in 203, and a fine of 3 million won for the same crime in 200,000 won and fine of 1 million won for a fine of 2 million won for an injury in 207, and a fine of 1.5 million won for a crime in 2010, each of the above crimes under the Punishment of Violences Act.