A. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the grounds that assaulted victim D who is driving a taxi and caused injury requiring two weeks of medical treatment, and found the Defendant guilty only of the injury included in the said facts charged. The Defendant appealed only on the part of the aforementioned guilty, and the Prosecutor did not appeal on the part of the acquittal.

Therefore, the part of the judgment of the court below which was not guilty of the above reasons is remanded to this court in accordance with the principle of no appeal. However, since it was excluded from the object of the party's attack and defense, it cannot be judged again by this court.

B. Of the facts charged in the instant case, the lower court sentenced the dismissal of prosecution against the victim H, and the Defendant and the prosecutor did not appeal against the dismissal of prosecution.

Therefore, since the appeal is not filed, it is separated and confirmed as it is, it shall be excluded from the scope of the judgment of this court.

C. Therefore, the scope of this Court’s adjudication is limited to the driver’s assault and injury to the victim D.

2. Summary of grounds for appeal;

A. Although misunderstanding of facts by the Defendant under the influence of alcohol, there was a fact that the victim D’s arms were unfreshed by 2-3 times, but there was no fact that the Defendant sold the victim’s arms to the extent of the assault by drinking. Therefore, it is difficult to view that the Defendant’s act did not constitute an assault on the ground that the Defendant did not have the intent of assault.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is unreasonable and unfair.

3. Determination

A. In regard to the assertion of mistake of facts, the assault in the crime of assault refers to the exercise of an unlawful tangible force against a human body, and the exercise of that tangible force means the physical force causing physical pain, and the purpose and intent of the act.