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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles cannot be deemed to have "Habitual" under Article 2 (1) of the Punishment of Violences, etc. Act. 2) The Tagabonds do not constitute "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act.
3) It is difficult to see that the Defendant spawnd at the time when he was spawn on the floor, and the Defendant’s above act does not constitute intimidation. B. The lower court’s sentence of unreasonable sentencing (a two-year imprisonment) is too unreasonable.
2. Determination
A. 1) Determination of misunderstanding of facts or misapprehension of legal principles on the assertion that the defendant does not have a “Habitual” as prescribed in Article 2(1) of the Punishment of Violences, etc. Act (A) refers to any mistake of the offender, the tendency of the crime, and the nature of the act is not that of the offender, and it refers to the character that constitutes the character of the offender. As such, the existence of habituality as prescribed in Article 2(1) of the Punishment of Violences, etc. Act shall be determined by taking into account various circumstances, such as the defendant’s age, character, occupation, environment, past history, motive, means, method and place of the crime, interval with the previous crime, and similarity with the contents of the crime.
(B) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 2004Do6176, May 11, 2006) are: (a) the Defendant has served 14 times or more as an violent crime; and (b) the Defendant violated the Punishment of Violences, etc. Act (a one-year sentence of imprisonment due to a crime of violence such as a group, deadly weapon, etc.) on January 24, 2014; and (c) the Defendant completed the execution of the sentence at a government prison on January 11, 2015; and (d) the Defendant committed another intimidation at the time when one month has not passed since the completion of the execution of the sentence.