The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In other words, the Defendant did not assault the victim’s face on two occasions due to mistake of facts and misapprehension of legal principles, and the Defendant assaulted the victim.

Even if the victim cannot be deemed to have been operating a taxi at the time of the assault, the court below found the defendant guilty of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes). Thus, the court below erred by misunderstanding the facts and misunderstanding the legal principles as to the requirements for establishing

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Around April 18, 2019, the Defendant: (a) around 01:22, the summary of the facts charged, the Defendant: (b) was under the influence of alcohol to the victim while driving a taxi for driving the victim D (the 56-year-old) in front of the Cgas filling Station located in Seocho-gu Seoul Metropolitan Government as a mountain-dong, a destination destination; and (c) was trying to have no taxi fee; (d) on the ground that the victim was refused to do so, the Defendant was able to take two times the face of the victim on the ground that he refused it.

Accordingly, the defendant assaulted the victim in taxi operation.

B. The lower court determined that: (a) the victim reported 112 on the grounds that he/she met with the right buck from the date of the initial written statement to the date of this court; (b) based on the fact that he/she reported 112 that he/she did not pay a charge; and (c) immediately thereafter, he/she clearly and consistently stated the fact that he/she abused the victim’s right bucking twice, and that he/she reported 112 that “the victim does not pay a charge without paying a charge,” such as the victim’s statement, is clearly proven by evidence; (d) so, this part of the statement by the victim is highly credibility.