A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles merely caused the shoulder of the victim by misunderstanding of facts and misunderstanding of legal principles three times, which does not constitute an assault, and the victim did not have the intent of assault against the defendant. Since the victim understood or consented explicitly or implicitly to the defendant's assault before and after the occurrence of the case, it is erroneous for the court below to recognize the crime of assault against the defendant, or by misunderstanding of legal principles, which affected the conclusion of the judgment. 2) The punishment (500,000 won of fine) sentenced by the court below of unfair sentencing is too unreasonable.

B. Prosecutor 1) Although there was a causal link between the Defendant’s act of mistake of facts and misapprehension of legal principles and the Defendant’s act of assault, and the victim’s destruction of the shoulder shoulder and power cable damage, the lower court denied such causal relationship and found the Defendant not guilty of the facts charged in this case, and erred by misapprehending the facts, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court as above is too uneasible and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court acknowledged the establishment of a crime of assault against the Defendant on the ground that the Defendant did not have any criminal intent against assault, inasmuch as he/she was aware of the Defendant’s act itself, even though the Defendant’s act was committed in a somewhat vague manner, it cannot be deemed that there was no criminal intent against the Defendant. 2) In addition to the circumstances acknowledged by the lower court, the lower court’s judgment recognized by the evidence duly adopted and investigated by the lower court, namely, ① assault constituting a crime of assault means exercising physical force against the human body, and exercising its tangible force.