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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant (unfair punishment)’s imprisonment (one year and six months of imprisonment) is too unreasonable.
B. In the case of the crime of violation of the Punishment of Violences, etc. Act (Habitual assault), Article 260(3) of the Criminal Act does not apply to prosecutor (i.e., Article 260(3) and thus, it is impossible to dismiss a public prosecution even if the victim expressed his/her intention not to punish him/her. The lower court that rejected a public prosecution on the ground that the victim expressed his/her intention not
Dob. The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.
2. Judgment on misapprehension of legal principles
A. Of the facts charged in the instant case, the summary of the charge of violation of the Punishment of Violences, etc. Act (Habitual assault) is that the Defendant habitually assaulted the Victim G and H on May 3, 2014, and assaulted the Victim D on May 10, 2014.
B. As to the facts charged in this part of the judgment of the court below, the court below sentenced the dismissal of prosecution against the above facts charged pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act on the grounds that Article 260 (3) of the Criminal Act applies to the crime of violation of the Punishment of Violences, etc. Act (Habitual assault) and that the victims explicitly expressed their intention not to punish the defendant.
C. Article 260(3) of the Criminal Act cannot be deemed to apply to the case where the crime of assault under Article 2(1) of the Punishment of Violences, etc. Act is punished under Article 2(1) of the Criminal Act by habitually committing the crime under Article 260(1) of the Criminal Act. Thus, the above crime may be discussed against the clearly expressed intent of the
(See Supreme Court Decision 2007Do7879 Decided December 27, 2007, etc.). On the other hand, “Habitual” under Article 2(1) of the Punishment of Violences, etc. Act does not mean only the habituality between the crimes listed in each subparagraph of the same paragraph, but also includes all the crimes listed in each subparagraph of the same paragraph.