The sentence of sentence against the defendant shall be suspended.

A. The Defendant did not assault the victim of mistake of facts.

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

2. Determination

A. 1) According to the evidence duly admitted and examined by the court below, the court below's decision on this part is just and acceptable, and there is no error of mistake of facts as alleged by the defendant. 2) On the other hand, it is concluded that the defendant's shoulder at the time of the defendant's assertion does not constitute assault because it did not contact the victim's body.

Violence means the exercise of physical tangible force against a person. It does not necessarily mean that it does not necessarily require any physical contact to the person of the victim, and thus, in the case of an act to display or display hand or things, as the victim takes a bath near the victim, it constitutes violence as an exercise of unlawful tangible force against the victim even though it did not directly contact the person of the victim.

(See Supreme Court Decision 4289Do297 delivered on December 21, 1956, Supreme Court Decision 89Do1406 delivered on February 13, 1990, Supreme Court Decision 2000Do5716 delivered on January 10, 2003, etc.). In this case, in a case, the defendant, while having been in a dispute with the victim and being in close contact with the victim, was either 1 time by the left shoulder and right shoulder, or 200Do5716 delivered on January 10, 200.

It is reasonable to view that the Defendant’s act constitutes an assault as an unlawful exercise of force against the victim’s body, and even if at the time, the Defendant got out to the right after the end of the moment the victim was pushed by shoulder.