특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by ten months of imprisonment.
1. Summary of grounds for appeal;
A. In light of the fact-finding and the misapprehension of legal principles, at the time of assaulting the victim, the victim completed the operation of the tourist bus driven and completed parking on the side side of the fourth line of the road in front of the door C, so the victim does not constitute “motor vehicle driver in operation,” but the court below erred by misapprehending the facts of this part of the charges, or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Article 5-10(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 8169, Jan. 3, 2007) have been newly established as a new Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 8169, Jan. 3, 2007) for the purpose of establishing traffic order and promoting citizen safety by seriously punishing or threatening the drivers of automobiles in operation by assaulting or threatening the drivers of automobiles in operation.
Examining the general meaning of the language and text used in accordance with the legal doctrine of the interpretation of the Act in light of the legislative purpose, purpose, and legal interest and protection of the law, the crime of Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes is deemed to be an abstract dangerous crime that may cause danger to public safety, such as traffic order and safety of citizens, and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes constitutes a crime of Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes. Of them, if a crime of Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes
Therefore, by assaulting or threatening the driver of a motor vehicle in operation, the driver, passengers, or pedestrians are injured.