특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal (misunderstanding the fact) is that the instant bus driven by the victim at the time of assaulting the victim was stopped and the victim did not stop the instant bus for the passenger getting on and off the passenger, and thus, the Defendant’s act does not constitute an act of assaulting the driver of the motor vehicle in operation (the elements of Article 5-10(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes).
The judgment of the court below which found the defendant guilty of the facts charged is erroneous by mistake of facts.
2. The crime under Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act of Specific Crimes”) is likely to cause danger to public safety, such as traffic order and safety of citizens, committed against the drivers of motor vehicles who are in operation of both paragraphs (1) and (2).
Article 5-10(1) of the former Specific Crimes Aggravated Punishment Act (wholly amended by Act No. 13351, Jun. 22, 2015) (amended by Act No. 13351, Jun. 22, 2015) provides that a person who assaults or threatens a driver of a motor vehicle in transit shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won.
Paragraph 2 shall be punished by imprisonment with prison labor for not less than three years, if a person commits a crime of paragraph 1, thereby causing the injury of another, and by imprisonment with prison labor for life or for not less than five years, if it results in the death.
Article 5-10(1) of the Specific Crimes Aggravated Punishment Act (amended by Act No. 13351, Jun. 22, 2015) added the phrase “in the course of driving” to the effect that “any motor vehicle used for passenger transport business under Article 2 subparag. 3 of the Passenger Transport Business Act, which includes a case where a driver temporarily stops for passengers’ getting on or off a passenger.”
Before such amendment, it is likely to impair the traffic safety and order of the public.