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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there was a misunderstanding of facts or misunderstanding of legal principles that the victim's shoulder while driving a taxi was assaulted by the victim, the victim safely stopped the taxi on the road after such assault. Since the defendant and the victim subsequently inflicted an injury on the victim's hand in the process of driving the taxi on the vehicle, the crime of this case should be applied to concurrent crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crime of injury under the Criminal Act.
B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant and his defense counsel brought an action to the same effect as the argument in the grounds for appeal. However, the lower court, which is recognized by comprehensively taking account of the evidence adopted, discussed the following circumstances, i.e., (i) the Defendant, after having taken a cab of the victim, talked about the victim’s right to use the cab until the time he left the cab, and (ii) the victim started to operate the cab in the following manner: (iii) the Defendant’s right to use the cab; (iv) the Defendant’s right to use the cab; and (v) the Defendant’s right to return the cab to the victim; and (v) the Defendant’s right to use the cab on the cab; and (v) the her right to use the cab on the rolling stock.