A. The Defendant was not aware of the victims, or did not harm them, and the victims did not recognize that they were railroad workers.

B. At the time, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

C. The first instance sentence of unfair sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the fact that the Defendant assaulted the victims who are railroad security officers and inflicted bodily injury can be sufficiently recognized as stated in the judgment of the first instance court.

In light of the fact that the victims were suffering from the uniform called the "railroad Security Officers" at the time, it is recognized that the victims were sufficiently aware that they were railroad workers.

The defendant's assertion of mistake is without merit.

B. According to the record as to the assertion of mental disorder, the defendant is deemed to have drinking at the time, but the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

C. As to the assertion on unreasonable sentencing, the instant case is not likely to be a crime of assaulting and inflicting bodily injury on railroad workers who have been duly performing their duties by putting in uniform.

The defendant has been punished several times, including punishment and suspended execution for the same crime, and the defendant has not committed the crime of this case even though he was under suspended execution for the same crime.

There is no special circumstance or circumstance that can be newly considered in sentencing after the judgment of the first instance.

In addition, the records and arguments, such as the age, character and conduct, the environment, the circumstances and details of the crime, the results, and the circumstances after the crime, are shown.