특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Even if examining the grounds for appeal based on evidence, the lower court did not err by misapprehending the legal doctrine on Article 5-10(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, contrary to what is alleged in the grounds of appeal.
In addition, the argument that Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes violates the Constitution shall not be a legitimate ground for appeal, as it is alleged in the ground of appeal by the defendant as the ground for appeal or by the court below's ex officio decision
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.