The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant: (a) confirmed that at the time of the instant case, the victim’s taxi was parked in the state of parking (P) by completely stopping the taxi at the time of the instant case; (b) brought about the instant crime to the victim; and (c) brought about the instant crime to the victim; and (d) the place where the taxi stopped is the parking lot of G hotel, a lodging place of the Defendant.

Therefore, the victim cannot be deemed to have temporarily stopped for passengers' getting off, and even though the defendant cannot be said to have abused the driver of a motor vehicle in operation, the court below found the defendant guilty of the facts charged in this case. In so doing, the court below erred by misapprehending the legal principles or erroneous determination of facts.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The instant crime of the Aggravated Punishment, etc. of Specific Crimes Act (hereinafter “Aggravated Punishment, etc.”) is established when it causes injury to a person by assaulting or threatening a driver of a motor vehicle in operation, and the concept of “Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) refers to cases where a driver temporarily stops for passengers’ getting on and off from the motor vehicle among the motor vehicles operated for passenger transport business under Article 2 subparag. 3 of the Passenger Transport Service Act (Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes). In full view of the following circumstances recognized by the lower court and the evidence duly adopted and investigated by the trial court, the fact that the victim temporarily stops for the getting off of the motor vehicle can be sufficiently recognized, and the Defendant’s assertion is unacceptable

① At the time of the instant case, the victim stops a taxi on the G hotel front of the Defendant’s accommodation, and the victim is present at this court as a witness, and the said hotel parking lot at the time of the instant case.