A. The victim of the fact was tried to take a cell phone near the Defendant’s face and tried to do so, and did not assault the victim as described in the facts charged.

B. The sentence of the lower court (an amount of KRW 500,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the images of the victim and witness’s statement and the video CD (60 pages of the investigation record) are consistent with the facts charged. In addition, in the investigation agency, the defendant, in the course of making the victim’s cell phone with the newspaper site, was in contact with the victim’s left boom, and the victim was pushed with her tur and tur.

Since the Defendant made a statement (33 pages of the investigation record), the facts charged as stated in the indictment include the fact that the Defendant prices the victim’s “heat” as the place of interrogation. However, the evidence submitted by the Prosecutor alone proves that the above part of the charges was proven without reasonable doubt.

It is difficult to see otherwise, and there is no other evidence to acknowledge the crime except the above part.

It can be sufficiently recognized that the fact that the victim was pushed down by his/her hand and by his/her hand has been pushed down, and the circumstances that members of the Dodminton club including the victim have long been prone to the defendant's wife or that the injured person has attempted to commit the assault of this case do not affect the establishment of the crime of assault.

Therefore, the defendant's assertion of mistake is rejected.

B. Although the defendant was the first offender, the degree of assault was not severe, the victim did not reach an agreement with the victim, and did not appear to be the basis of reflectivity, and the sentence of the court below is imposed.