Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

2. The judgment of the court below is based on the following circumstances: although the crime of this case is a case of assaulting a victim who driven a bus on which the defendant was on board, the risk of the act of this case is not less than that of the defendant's act; however, in the course of the defendant's confession of the crime of this case and paying bus fees to the bus card, the defendant seems to have committed the crime of this case in which the victim's refusal to hear continuously in the process of paying bus fees is likely to commit the crime of this case without any delay; the defendant's refusal to hear continuously in the course of paying bus fees is not an assault to the victim while the bus is in transit, but it seems that the bus stop at the bus stop and immediately after the bus stop and the victim did not pose a serious risk of an accident due to the victim's driver's assault; the degree of assault by the defendant is merely one time more than that of the defendant's rear head part of the victim; and the defendant's motive, age, character, environment, family relationship, circumstances after the crime of this case, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment for Crimes;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.