The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The facts charged by the lower court that found the Defendant guilty and sentenced to a fine of KRW 1,00,000 are as follows.

The defendant is the victim's studio D when the victim C resides.

On December 20, 2014, at around 15:20, the Defendant, at around 15:20 on December 20, 2014, demanded the victim’s father of the victim to pay the Internet communication fee due to the expiration of the lease period from the front corridor 208 of the 2nd floor 208, the Defendant used the victim’s breath to prevent the victim from departing from the said place, pay the Internet communication fee, and make the victim’s breath, and assault the victim’s blap with 10 times again.

2. Summary of the grounds for appeal and the judgment of the court below

A. The gist of the grounds for appeal is that the Defendant did not assault the victim C as stated in the above facts charged.

In domestic affairs, there is a dubling for the defendant to live in the victim.

Even if the victim did not feel any pain due to the defendant's act, the victim did not feel any pain.

The defendant's act of breathing can not be said to constitute a crime of assault under the Criminal Act.

Therefore, the defendant is not guilty, and the judgment of the court below is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

B. The lower court also rejected the Defendant’s assertion based on the victim C’s testimony and police testimony, etc. as evidence, and convicted the Defendant of the foregoing facts charged.

3. The prosecutor bears the burden of proving the facts charged in a criminal trial for the final judgment, and the conviction of guilt shall be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is no doubt as to the defendant's guilt, the determination shall be based on the defendant's interest.