The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was convicted of the Defendant by misunderstanding the facts, even though he only saw the chief trial of the taxi twice, and did not assault the victim as described in the facts charged in this case, the lower court convicted the Defendant.

B. In light of the legal principles, even if the Defendant committed assault against the victim after the taxi stops, such assault constitutes a crime of assault under the Criminal Act because it does not constitute an assault against the driver of a vehicle in operation, the lower court erred by misapprehending the legal doctrine, thereby recognizing the Defendant as committing a violation of the Act

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, since it is sufficiently recognized that the defendant used the assault as stated in the facts charged in this case to the victim, the court below's judgment of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.

B. The crime of assaulting a driver under the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) is one of the legal interests protected by the law by severely punishing the driver of a motor vehicle in operation by force against the driver of the motor vehicle, who threatens the safety of the driver, passengers, pedestrians, etc., to establish traffic order and ensure the safety of citizens. As such, in a case where the violation of the above legal interests is not anticipated, such as assault against a driver in a state of parking or stopping without the intention of continuous operation at a place where there is no risk of undermining public safety and order, the crime cannot be established.

However, according to the evidence duly adopted and examined by the court below, the place where the victim stopped the taxi is Seoul Yeongdeungpo-gu.