The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the victim was not under operation of the village bus of this case at the time of mistake of facts and misapprehension of legal principles, the court below found the victim guilty of the facts charged of this case by deeming that the victim was under violence from the defendant while operating the village bus of this case. This judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes explicitly stated that the term “in the course of operation” under the relevant provision includes cases where a driver temporarily stops for passengers getting on or off, etc. while operating an automobile used for passenger transport business under subparagraph 3 of Article 2 of the Passenger Transport Service Act: Provided, That the crime of assault against a driver under Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is one of the legal interests protecting the safety of citizens by seriously punishing drivers of an automobile on the part of threatening the safety of drivers, passengers, or pedestrians, etc., and establishing order of traffic and ensuring the safety of citizens. Thus, in light of the aforementioned legal principles, if it is anticipated that the above legal interests cannot be infringed, such as assault against a driver who stops in a place where there is no possibility of undermining public traffic safety and order without the intention of continuous operation, the lower court’s judgment cannot be duly established based on the evidence duly adopted.