A. (1) The Defendant, misunderstanding of the facts and misapprehension of the legal doctrine, was frighten of the victim by taking the victim’s hand, who frightened the Defendant at the time of the instant case, but there was no assaulting the victim by taking the victim’s ear or pushing the chest as stated in the judgment of the court below.

In addition, the defendant's passive act of booming the victim's knife in order to meet the victim's assault is a legitimate act because it cannot be viewed as contrary to the social norms.

Nevertheless, the judgment of the court below which convicted the defendant of assault is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles.

See The sentence of the lower court that was unfair in sentencing (the penalty amount of KRW 700,00) is too unreasonable.

B. In light of the age of the victim of the public prosecutor, the distance between the defendant and leading the victim, etc., it is difficult to see that the victim's hole was an ordinary figure in daily life, but the court below erred by misapprehending the legal principles or misunderstanding the facts and finding the defendant not guilty of the facts charged of injury.

2. Determination

A. The lower court, on the grounds stated in its reasoning, found the Defendant guilty of an intentional injury.

In addition, it is difficult to see that the victim's hole is extremely minor, which can occur during his/her daily life, and thus, it is difficult to punish him/her as a crime of injury on the ground that it is difficult to punish him/her as a crime of injury.

In addition to the facts and circumstances stated by the court below, the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., the victim was investigated by the police immediately after the occurrence of the assault in this case, and the color of the photograph taken at the time of the investigation is red, not red or blue, and thus does not seem to be a hole after the assault in this case, and ii) the victim's statement.