A. The Defendant, a mistake of fact, merely did a dispute with the victim C, and was forced by C in the situation where C was on board a bus used by an acting driver (hereinafter “the bus of this case”). Rather, C was assaulted by the victims.

Therefore, the defendant did not assault the victim C or inflict an injury on the victim D.

B. The lower court’s sentence of unreasonable sentencing (three months of imprisonment, one year of suspended sentence, one year of community service, 40 hours of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts admitted by the lower court as to the mistake of facts and the evidence duly admitted and examined by the court below and the trial court, and each of the circumstances inferred therefrom, it can be recognized that the Defendant assaulted the victim C’s flaps and inflicted bodily injury on the victim D as stated in the facts charged.

1) The victim C consistently stated in the investigative agency and the court of the court below that "the defendant was placed at a time as a substitute transit problem, and the defendant was able to look at his fat, and her fat, and her fat, the defendant was able to bring the defendant's arms. The defendant attempted to get on the bus, and he brought the defendant's arms. Since then, there was a dispute with D which the defendant was on board the bus, when the face of D was taken out from the bus, and she was faced with D's face by her head." The victim stated that the victim was 112 at the time. The victim reported the victim immediately after the case, ② the victim was a witness with no special interest in D, ③ the victim's reporting process of the victim, the investigation agency and the court of the court below's statement that it is difficult to view that the victim's false statement was made at the investigative agency and the court of the court below's consistent with the above victim's credibility.