The defendant's appeal is dismissed.

The gist of the grounds for appeal by the defendant is that the defendant is against the defendant, that at the time of committing the crime of violation of the Punishment of Violences, etc. of this case (a collective action, deadly weapon, etc.), the defendant was in a state of being taken by him at the time of committing the crime of violation of the Punishment of Violence, etc. Act, that he must support his family, including his children, and that imprisonment with prison labor for eight months with prison labor for which the execution was suspended in the case of this case, and that the theft of this case was returned to the victim, the punishment of imprisonment with prison labor for one year and six months sentenced by the court below and

First of all, considering the following factors: ① the method of committing the crime of violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), the circumstance alleged by the defendant, and the facts that the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act: (i) the head of the victim was taken care of the crime; and (ii) the term of imprisonment with prison labor for not less than three years, which was sentenced by the court below, was sentenced to the maximum punishment within the scope of the applicable sentence after mitigation of the statutory punishment; (iii) the defendant did not endeavor to recover from damage; (iv) the period of punishment before the crime of this case exceeds five times; and (v) the defendant’s age, character and behavior, intelligence and environment; (v) the motive, means and consequence of the crime; and (v) the circumstances that form the conditions of the punishment of this case, such as the circumstances after the crime, are considered appropriate and unreasonable.

Next, considering the following factors, the theft of this case was examined and the circumstance of the defendant's assertion, ① the defendant had been punished eight times before that of this case, and the defendant had been punished two times before that of the same kind of crime, and ② the defendant was not aware of himself during the period of suspension of execution of the same crime, but did not commit the crime of this case.