The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (1) The victim was assaulted by the defendant during the course of shouldering the defendant who was divingd due to a full stop of the vehicle. Thus, the victim does not constitute assaulting the driver of a motor vehicle who is "in operation" under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In addition, since the victim expressed his/her intention not to punish the defendant by mutual consent with the victim, the defendant should be dismissed from the prosecution in regard to the part of assault against the victim among the facts charged in this case.

(2) In addition, the Defendant did not have any intention to destroy and damage property.

(3) Nevertheless, the lower court found the Defendant guilty of all the charges of this case, which erred by misapprehending the facts, thereby adversely affecting the conclusion of judgment.

B. The sentence imposed by the court below on the defendant (limited to eight months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "any person who assaults or threatens the driver of an automobile which is in operation (including a case where a driver temporarily stops while operating an automobile used for passenger transport business under subparagraph 3 of Article 2 of the Passenger Transport Service Act for getting on and off passengers) shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won." Thus, it was interpreted that even before the amendment of the above provision, the state of parking or stopping of an automobile with intent to continue to operate the automobile at a place where it might disturb public traffic safety and order (see Supreme Court Decision 2008Do4375, Dec. 11, 2008)."