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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the part concerning the violation of the Punishment of Violences, etc. Act) of the defendant's crime in light of the criminal records, character and conduct, etc. of the defendant may be sufficiently recognized as having caused violence of the defendant;
The judgment of the court below which acquitted a person who violated the Punishment of Violences, etc. Act (Habitual injury) is erroneous in the misunderstanding of facts or misunderstanding of legal principles as to habitual nature, which affected the conclusion of
2. Determination as to whether a person habitually commits a crime under Article 2 (1) of the Punishment of Violences, etc. Act shall be made by comprehensively taking into account various circumstances, such as the age, character, occupation, environment, transfer of the defendant, motive, means, methods and place of the crime, interval with the previous crime, and similarity with the contents of the crime;
(See Supreme Court Decision 2004Do6176 Decided May 11, 2006, etc.). According to the evidence duly admitted and examined by the court below, the defendant has been punished at least ten times for violent crimes, and the fact that the defendant committed the crime of this case during the period of suspended execution due to violent crimes is recognized.
However, as the court below properly states, the crime of this case does not mean that the defendant used violence or inflicted injury upon the defendant, and when the defendant was aware of the crime of this case when the defendant committed violence against Eul, and the defendant was faced with an attack, such as drinking by drinking from B, the defendant called that he was her only, and that he was faced with B, and the defendant's face was not similar to that of the crime of this case in light of the motive, circumstance, method and method of the crime, circumstances before and after the crime, etc.
In addition, the Defendant committed the instant crime on the face of violence, in full view of the degree of violence exercised by the Defendant and the victim’s injury, as well as the motive, means, methods, and places of the crime.