가. 사실오인 피고인은 이 사건 당시 피해자가 운전하는 택시가 피고인을 칠 듯이 위험하게 다가오길래 이에 항의하기 위하여 택시를 세웠던 것뿐이고, 택시에 승차한 후 피해자에게 욕설을 하고 발로 택시 뒷문짝을 걷어찼다는 공소사실 부분은 사실과 다르므로, 원심판결에는 사실오인의 위법이 있다.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The court below rejected the assertion of mistake on the grounds of appeal in detail under the title "the judgment on the argument of the defendant and his defense counsel" in the judgment of the court below, which is the same as the grounds of appeal of this case. According to the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., CCTV and black stuff images, which are the following facts or circumstances acknowledged by the court below: (a) at the time of the defendant's driving on the roadway, the taxi of the victim was only damaged by the defendant, and it does not seem to have been at all at all likely that the taxi was faced with the defendant as alleged by the defendant; (b) the victim was aboard the taxi at the time of the investigation agency and the victim was able to get off the taxi, and the defendant was able to take off the taxi at the time of the investigation agency, and the victim was able to have stated that "the defendant was able to take off the taxi and the victim was able to take off the back seat of the taxi at the time of the plaintiff's driving."