Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. The court below rejected the defendant's assertion in detail by stating the defendant's argument and the application of the law of the judgment in this case as the grounds for appeal in the court below. The court below examined the above judgment in detail by comparing the above judgment with the records, and further examined the circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., assault referred to in the crime of assault means exercising physical and mental pain on a person's body, and it does not necessarily require any contact with the victim's body. Such illegality should be determined by considering the purpose and intention of the act, circumstances at the time of the act, form and type of the act, and existence and degree of pain inflicted on the victim (see Supreme Court Decision 2016Do9302, Oct. 27, 2016). Even though the defendant did not contact with the victim as argued by the defendant, the court below's determination that the defendant's act of assault had considerable influence on the victim's body by considering the fact that the defendant had considerable influence on the victim's body.

Therefore, the defendant's above assertion is without merit.

3. If so, the defendant's appeal is justified.