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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant merely assaults victims while stopping a taxi, and did not assault the driver of a motor vehicle who is “in the course of driving”, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.
Nevertheless, the judgment of the court below which found the Defendant guilty of each of the charges of this case is erroneous in the misapprehension of legal principles as to the constituent elements of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. As to the assertion of misapprehension of the legal doctrine, the crime of assaulting or injuring a driver under Article 5-10(1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is one of the legal interests protected by the law by seriously punishing the driver of a motor vehicle in operation by using violence, etc. against the driver of the motor vehicle, thereby seriously threateninging the safety of the driver, passengers, or pedestrians, thereby establishing traffic order and ensuring the safety of citizens. Thus, the crime against the driver in operation may cause danger to public safety, such as traffic order and safety of citizens.
Therefore, in a case where a driver of a motor vehicle in transit commits an act of assaulting the driver of a motor vehicle or causing death of the driver, passenger, or pedestrian, thereby satisfying the requirements set forth in Article 5-10 subparag. 1 and 2 of the same Act (see Supreme Court Decision 2014Do1345, Mar. 26, 2015). However, in a case where it is not likely to undermine public safety and order at a place where the said protection of the legal interest is not anticipated, such as assaulting the driver of a motor vehicle in transit, without the intention of continuous operation, the said crime is committed.