A. In spite of the court's decision of prohibition of obstruction and provisional disposition, the Defendant merely gets off with the victim in order to secure entrance doors in the process of attempting to enter the wedding payments against the victim's members who are unfairly prevented access to the wedding payments, and did not have the intention of assault.

Furthermore, even if the defendant's act constitutes violence, it constitutes a legitimate act that does not go against social norms.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. Determination of mistake and misapprehension of legal principles regarding the assertion of mistake of facts. 1) Violence in the crime of assault corresponding to elements of crime exercises physical tangible power against a human body, and the intent of assault is recognized as having awareness and intent to exercise such tangible power (see, e.g., Supreme Court Decisions 94Do1484, Aug. 23, 1994; 2008Do4126, Jul. 24, 2008). According to the video images of CCTV CD (Ss), it is recognized that the victim prevented the victim from taking the front of the entrance of a church, and the defendant was able to blick the victim by body in his body with his hand and pushed the victim in his body. Such behavior constitutes the exercise of force against the victim's body objectively, and as long as the purpose of the act was well known, it is clear that the defendant's act was an act of assault to secure the victim's body, and thus, it does not violate social norms or social norms.