The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since a mistake of facts or a misunderstanding of legal principles cannot be said to have a habit of violence as stipulated in Article 2(1) of the Punishment of Violences, etc. Act (hereinafter “Act”), the court below erred by misapprehending the legal principles as to habitual injury as stipulated in Article 2(1) of the Act on the Punishment of Violences, Etc., or by misapprehending the legal principles as to habitual injury to the defendant.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, “Habitual” as referred to in Article 2(1) of the breadth Act does not mean only the habitualness between the crimes listed in each subparagraph of the same paragraph, but it is reasonable to interpret that it means the habit of violence that covers all the crimes listed in each subparagraph of the same paragraph (see Supreme Court Decision 2008Do3657, Aug. 21, 2008). The existence of habituality as referred to in Article 2(1) of the breadth Act should be determined by comprehensively taking into account all the various circumstances, such as the Defendant’s age, character, occupation, environment and fact, motive, method and place of the crime, interval with the previous crime, and similarity with the contents of the crime.

(See Supreme Court Decision 201Do15356 Decided January 26, 2012, and Supreme Court Decision 2004Do6176 Decided May 11, 2006, etc.). In other words, following circumstances acknowledged by evidence duly admitted and investigated by the lower court and the competent court: ① the Defendant’s act of assault at the Ansan Branch of the Suwon District Court on July 31, 2008, KRW 1 million as the crime of assault; KRW 350,000 won as the crime of property damage, etc. from the Suwon District Court’s Ansan Branch of May 18, 201; and KRW 1.5 million as the crime of injury from the Suwon District Court’s Ansan Branch of July 8, 201 to the judgment of the lower court, “ June 29, 201” referred to in subparagraph 15 of Article 15 of the 2011, if the judgment was written.

On October 4, 2011, the Suwon District Court has been sentenced to a fine of two million won due to the crime of injury, etc. in the Suwon District Court's Ansan Branch's assistance, respectively, and the Suwon District Court on January 12, 2012.