특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. As to the mistake of facts or misapprehension of legal principles, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) is established when the driver of a motor vehicle in operation assaults or threatens the driver. The aforementioned "in the operation" does not include the cases where the motor vehicle stops, or where the driver drivess the motor vehicle to report the crimes committed by passengers to a judicial agency
Sheb, however, at the time when the defendant opened the back of the head of the victim B (hereinafter "victim"), the taxi driven by the victim was under the stop.
Secondly, even if the victim was in the presence of the victim at the time of the victim's head, the victim was driving a taxi in order to report the crime to the police station.
Applicant Accordingly, even though the defendant's act of opening the victim's head back does not constitute a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the court below found the defendant guilty of this part of the charges by misunderstanding of facts or misunderstanding of legal principles.
B. Although the Defendant was unable or weak to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.
C. The lower court’s sentence on the assertion of unfair sentencing (one month of imprisonment and a fine of three hundred thousand won) is too unreasonable.
2. Determination
A. (1) According to the evidence and records duly adopted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant 1, around 06:30 on May 8, 2014, was boarding the taxi that the victim was driven before Samsung Hospital located in the Young-gu, Suwon-si, Suwon-si, Suwon-si, 06:50 on the same day.