A. Although it was true that the Defendant misunderstanding the fact that he saw the victim as a matter of course while driving a vehicle, even though he did not do assault or damage, such as the entries in the facts charged, the first instance court found the Defendant guilty of all the facts charged, thereby misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

B. In light of the fact that the victim is somewhat responsible for examining the background of the crime of this case, the sentence sentenced by the first instance court (the penalty amount of KRW 1,500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the first instance court’s duly examined and adopted evidence regarding the assertion of misunderstanding of facts, namely, ① the testimony of a person who has observed or experienced the scene of the crime cannot be rejected without any reasonable ground. In light of the consistency and physical strength of the statements made by the witness D, the victim’s witness, the credibility of the statement is shown, and there is no reasonable ground to reject the credibility of the testimony (the person who was the pilot of the Defendant’s vehicle)

I, G’s contents, and the passive statement made by taxi passengers are not sufficient to dismiss the credibility of the victim’s statement) ② On the other hand, the witness I, who was sitting on the top of the defendant’s driver’s vehicle, made a statement to the effect that he is not consistent or ambiguous about questions on the circumstances that he directly seen or could have been seen in light of the situation at the time, and thus, there is doubt about the credibility of the statement. ③ Even in the case of the victim’s driver’s taxi video, the victim’s video was not taken a face of the direct act that the defendant assaultss the victim or damages the cab.

Even if the defendant get off from the vehicle, the defendant was close to the direction of the victim's driver's seat for about one minute, and in particular, the defendant taken a string of the taxi of the victim's driver's seat for about one minute, and ④ The victim is the defendant.