A. The Defendant alleged misconception of facts or misapprehension of legal principles is guilty of misconception of facts or misapprehension of legal principles that the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment, even though knek kel was merely kel in the victim’s arms in order to restrain kne G, and did not exercise the victim’s illegal tangible power.

B. The court below's decision on the grounds of unfair sentencing (2 million won of fine) against the defendant is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the lower court determined that the crime of assault under Article 260 of the Criminal Act refers to the exercise of tangible force against a person’s body (see Supreme Court Decision 90Do2153, Jan. 29, 191; 90Do2153, Jan. 29, 199). The exercise of tangible force includes all acts of infringing on a person’s physical safety. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim stated that “the Defendant was sealed by her chest by hand,” and “the victim sent her chest to the lower court,” and that “the victim had consistently made a concrete and consistent statement about the situation before and after the above act, it was deemed credibility in the statement, including the above act. ② G, a parking personnel, made the Defendant verbal abuse to the victim, etc. at the time, and made the victim’s chest her statement again after his/her arrival.