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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal doctrine’s records, the number of crimes, the frequency of crimes, and the means and method of crimes, etc., the habituality of the defendant can be fully recognized.
The lower court rendered a not guilty verdict of a crime of violation of the Punishment of Violences, etc. Act (Habitual destruction and damage, etc.).
B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, one year of probation) is too uneasible and unfair.
2. Determination
A. “Habitual violence” under Article 2(1) of the Punishment of Violences, etc. Act as to the assertion of misapprehension of legal principles does not mean only habitual violence between each of the crimes listed in each of the subparagraphs of the same paragraph, but it is reasonable to interpret that a person with the above habitive wall refers to the habitive wall of all of the crimes listed in each of the subparagraphs of the same paragraph. Thus, if a person with the above habitive wall commits other crimes under each of the Criminal Act listed in each of subparagraphs of Article 2(1) of the Punishment of Violences, etc. Act, each of the above acts constitutes a blanket crime of habitual violence under each of the subparagraphs.
According to the evidence duly adopted and examined by the court below, the defendant was sentenced to a fine of KRW 500,00,000 for the crime of injury at the Daegu District Court on November 28, 2001, and KRW 500,000 for the same court on April 10, 2003, three years of suspension of execution for one year for the same court on October 22, 2003, from the Daegu District Court Kimcheon Branch on December 7, 2007 to a fine of KRW 1 million for the same crime of injury at the Daegu District Court on March 20, 200, KRW 50,000 for the same court on December 24, 2008, KRW 500,000 for the crime of injury at the same court on December 24, 2008 to a fine of KRW 500,000 for the same offense of injury at the same court on December 29, 2008.