A. The Defendant, at the time of the instant case, was aware of the victim as his own person and had physical contact with the victim, and there was no intention to commit assault against the Defendant.

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

2. Determination

A. We examine the part of the assertion of mistake of facts. Even if the defendant, at the time of the instant case, abused the victim as his own seat and exercised the force of force against the victim, this does not affect the establishment of the crime, and assault as referred to in the crime of assault means exercising physical and mental pain on the body of the victim. According to the evidence duly adopted and examined by the court below, the defendant is not only a simple physical contact with the victim at the time of the instant case, but also a minor physical contact with the victim as a mark of anti-consort or propathy, and it can be known that the defendant used the strong force to the extent that the victim was able to have been able to go beyond the future, even if the victim was the victim, even if his exercise of force was the other party, so the crime of assault is established. Thus, the court below's judgment that found the defendant guilty of the facts charged in this case is not justified, contrary to the assertion of mistake of facts.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant has a record of criminal punishment for the same crime, the victim is punished against the Defendant, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime are revealed in the instant case.