The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant's defense counsel asserted that Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is not applicable in the event that there is no third party's idea, such as passengers or criminal agents, even though he/she has inflicted assault on a driver who is in operation in the summary of the pleading on January 7, 2015, and that the crime of bodily harm is established under the Criminal Act and the crime of bodily harm under the Criminal Act. However, if the driver, passengers, or pedestrians, etc. were injured or died by assault or intimidation of the driver in operation in the summary of the pleading at the end of the pleading on January 7, 2015, the defendant's defense counsel argued to the effect that the crime of bodily harm is established under the Criminal Act and the crime of bodily harm under the Criminal Act were committed after the lapse of the period for filing the statement of grounds for appeal, not only does the legitimate grounds for appeal but also does it constitute a legitimate ground for appeal. In this regard, the above argument by the defendant is without merit.

In fact, the court of first instance which found the defendant guilty of the facts charged of this case is erroneous in matters of law that affected the conclusion of the judgment due to misunderstanding of facts, even though the defendant did not shaking the victim's head, and when the defendant drinking the victim's face, it was not when driving, but when the victim stopped.

B. The first sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

Maz.

A. On March 17, 2014, the summary of the facts charged is as follows: (a) the Defendant, at around 23:15 on March 17, 2014, was a victim C (D cab seated in the back seat of the 52-year-old city operated by the 52-year-old city and was in the direction of the human scoowon located in the city of Ansan; (b) on the access road to the national highway No. 469 near the 57-ro of king-si, Magyang-ro, Magyang-ro, Mag-ro, Mag-do; and (c) the Defendant, at the same time, walk back the driver’s seat and walk up the victim’s head.