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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the circumstances such as ① mistake of facts or misapprehension of legal principles as to the part of the injury inflicted on D (i.e., CCTV screen taken from the bus at the time of the instant case, even if based on CCTV screen, the Defendant can verify the fact that he was using the parts of D’s neck, ② the aforementioned D himself stated that he was not in compliance with this case, and that he was visiting the negos, and was issued a written diagnosis of injury after receiving medical treatment. It is clear that the above D suffered the injury as provided by Article 257(1) of the Criminal Act. Nevertheless, the court below acquitted the Defendant of the injury inflicted on the driver of the above D on the premise that the above wife does not constitute the injury as provided by Article 257(1) of the Criminal Act. (ii) Since the bus driver at the time of the instant case as to the part of the injury inflicted on D, D, a bus driver at the time of the instant case, was removed from the bus driver at the time of the instant case due to the injury caused by the Defendant’s physical immediately after being abusedd by the Defendant, and the vehicle was stopped.
Nevertheless, the judgment of the court below which acquitted the driver's injury caused by the above accident against E on the premise that the above accident is unrelated to the defendant's assault is erroneous in misconception of facts.
B. The sentence imposed by the lower court on the Defendant (one million won of a fine) is too unjustifiable.
2. Determination:
A. On October 31, 2014, around 15:50 on October 31, 2014, the summary of the facts charged 1 as to the assertion of mistake of facts or misapprehension of legal principles is that the Defendant was driving the bus 701, which was driven by D while under the influence of alcohol at the point of the bus bus bus stops located in Jung-gu Seoul, Jung-gu, Seoul, Seoul, and 701, while taking a bath to the said D, he gets off the said D’s timber with his hand and booms several times, thereby the said D’s steering direction and operation devices for the said bus.