The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The court below rejected the application for compensation of the applicant for compensation, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope

2. Summary of grounds for appeal;

A. In relation to the violation of the Railroad Safety Act and the violation of the law of misunderstanding of facts and misapprehension of legal principles, the Defendant passed the opening of the opening, and received a request from the victim of service to present his identification card, but rejected the request, considering that the Defendant did not have an obligation to comply with the request, and the victim took the responsibility to comply with the request, and caused the injury to the victim’s face in order to resist the defect that the Defendant attempted to forced to put the Defendant in the service room.

Since a service personnel does not have the power to force passengers to go to the service room, the above execution of duties by the victim cannot be deemed legitimate, and therefore, the violation of the Railroad Safety Act and the crime of injury in the judgment is not established, or the illegality is excluded as self-defense or legitimate act.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts or misapprehension of legal principles.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

3. According to the records of ex officio determination, the court of original judgment served a copy, etc. of the indictment by public notice under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and served a copy, etc. of the indictment on April 10, 2020 when the defendant was absent, and sentenced eight months to the defendant on April 10, 2020. The defendant filed a petition for recovery of the right of appeal against the judgment of the court below on May 13, 2020. The court of original judgment rendered a decision to recover the defendant's right of appeal on May 28