A. The Defendant did not agree with the victim’s credit card settlement machine by generating the victim’s credit card, and there is no fact that the victim’s clocks.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

가. 사실오인 주장에 대한 판단 원심에서 적법하게 채택하여 조사한 증거들에 의하면, 피해자가 목적지에 도착하여 술에 취해 택시 뒷좌석에 앉아 잠이 든 피고인을 깨우는 과정에서 피고인과 피해자 사이에 다툼이 있었고, 피해자가 112신고를 하였던 사실을 인정할 수 있으며, 피해자는 최초 경찰조사에서부터 당심 법정에 이르기까지 일관되게, ‘피고인이 왼손으로 피해자의 오른쪽 뺨을 때렸고, 택시 조수석 문을 손으로 열고 대시보드 위에 설치되어 있던 신용카드 결제기를 발로 걷어찼다’고 진술하였다.

In full view of the above circumstances, it can be sufficiently recognized that the victim’s statement is reliable, and that the defendant assaultss the victim as stated in the facts charged of this case, and walked by the credit card settlement machine owned by the victim.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law.

B. The degree of assault of this case on unreasonable sentencing is relatively minor, and the crime of causing property damage was attempted.

The defendant supports 2 married children and 1 children together with his wife, and is under economic difficulties due to his failure to seek jobs.

However, the defendant has been punished for a crime of assault around 2006 and a fine for an injury around 2009.

Until the trial, the defendant denied the crime and did not seem to be against the victim, and did not agree with the victim.

Other cases, such as the age, character, conduct and environment of the defendant.