The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant only assaulted the victim within a parked vehicle and did not assault the driver of the vehicle in operation.

B. The sentence imposed by the lower court (five months of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of order to attend a lecture) is excessively unreasonable.

2. Judgment on the assertion of mistake of facts

A. The crime of assault or assault against drivers is one of the legal interests protected by the law to severely punish the drivers of vehicles in operation by force against them, thereby establishing traffic order and ensuring the safety of citizens. Thus, if the violation of the above legal interests is not anticipated, such as assault against drivers in a state of parking or stopping without any intention of continuous operation at a place where there is no risk of undermining public safety and order, the crime cannot be established unless it is anticipated that the violation of the legal interests protected by the law is committed.

(Supreme Court Decision 2008Do4375 Decided December 11, 2008). B.

The defendant argues that although he assaulted the taxi article, the defendant was waiting for the cab while waiting for the si while waiting for the sib in order to capture the defendant's sib at the time, he did not run the si.

However, in light of the following circumstances, even if the taxi was at the time of assault as alleged by the defendant, the victim appears to have been in a state of temporary stopping with intent to continue operation. Therefore, the defendant's assertion that the taxi was not at the time of assault is without merit.

(1) The victim, who was born the defendant at the investigative agency in Geumcheon-gu in Seoul, arrived at the destination where his/her will inform him/her of the destination after he/she was born the defendant at the investigative agency, but did not turn the defendant's seat.

Therefore, in other words, the destination was changed and operated as the Incheon Western campaign.