The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

A. With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of a driver, etc.), there was a misunderstanding of the defendant's misunderstanding of the victim S., and there was no assault by the defendant with the victim's drums.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion that the defendant is erroneous in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) was also alleged to the same effect as the grounds for appeal in this part. However, the court below rejected the defendant's assertion by taking into account the evidence duly admitted and investigated as a whole.

① The witness S of the lower court, the victim, was aware of and avoided the Defendant’s intention to take one’s own drums from the back seat while punishing his or her dispute with him or her in the court, and accordingly, he or she was able to take the drums.

was stated.

2. The defendant takes an action against the victim for a verbal dispute with the victim, in which the defendant takes action against the victim.

It is difficult to understand that the argument that shows is difficult to understand.

③ At the time, the Defendant refused the victim’s request for the settlement of taxi charges, and the victim was driving the taxi to the police station, and thus, the Defendant seems to have taken the victim’s actions in the drum.

2) In determining the credibility of a statement after the first instance trial of the relevant legal principles conducted the examination procedure, the witness examination protocol, such as whether the content of the statement itself conforms to the rationality, logic, contradiction, or rule of experience, or conforms to evidence or third party’s statement, as well as whether the statement itself conforms to the evidence or third party’s statement, after being sworn in the presence of a judge, is a witness’s appearance, attitude, and statement being made in the open court after being sworn in the presence of a judge.