The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant did not assert any specific factual misunderstanding as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) and insult (2020 Gohap 330).

Even if we look at ex officio, as shown in the detailed statement of the judgment below Nos. 4 through 6, the victim who operated urban buses and caused the injury of the victim, and the fact of patent insult can be sufficiently found.

1) In relation to the violation of the Railroad Safety Act (2020 Gohap 370, 2020), the Defendant did not assault the service personnel as stated in the judgment of the court below, and rather suffered damage from assault by the service personnel.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) In relation to the injury (2020 Gohap 371 case), the Defendant did not inflict an injury on the victim who had drinking alcohol as stated in the judgment below, and rather suffered an injury due to an assault from the victim.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

(c)

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular, according to the statements of the C service personnel F and witnesses K, and CCTV images, etc. taken into the situation at the time, the fact that the defendant was assaulted by the F in the service personnel F, who was dispatched to the scene near the E station after receiving a report by drinking together with other homeless persons, and who was lawfully performing his/her duties, was subject to the check from the E station, making the face of the said F, attaching a bridge, etc.