The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding, misunderstanding of the legal principles that a defendant did the same act as stated in the facts charged, or in light of the distance between the defendant and the victim or the specific contents and circumstances of the defendant's act, it is likely that the defendant's act may inflict

As it is difficult to see, it does not constitute “Assault” under the Criminal Act, which means the exercise of tangible power to a person.

B. Sentencing 1 Deliberation Sentence 800,000,000,000,000,000 were excessively unreasonable.

2. Determination:

A. In the crime of assaulting a mistake of facts and misapprehension of the legal doctrine, the term “Assault” means the exercise of physical tangible force against a human body, and does not necessarily require any contact with a victim’s body (see Supreme Court Decision 89Do1406, Feb. 13, 1990). In addition, the Defendant’s act of using violent language, taking a bath or brut at the same time, or displaying or taking hand or things at the same time with the victim’s body close close to the victim’s body may be deemed as an exercise of unlawful tangible force against the victim even if the victim did not directly contact the victim’s body (see Supreme Court Decision 2000Do5716, Jan. 10, 2003). In full view of the evidence duly adopted by the first instance court, such as video CD (the “A image” written on the surface of the victim, which can be recognized by evidence and the following circumstances, the Defendant’s act of assault against the victim’s body is sufficient.

Therefore, this part of the defendant's assertion is rejected.

① The distance between the Defendant and the victim, like the Defendant’s assertion, is not far away, and the victim’s clothes were milched by spreading water to the victim who was seated on the table of the meeting.

② 피고인이 피해자를 향해 던진 물병이 책상을 맞고 튕겨 피해 자의...