The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant does not have any fact as stated in the facts charged that he did not assault the victim, and does not have any intention of assault since he is only extending to his hands in the process of setting up against the victim's assault.

Nevertheless, the lower court found the Defendant guilty on the sole basis of the victim’s statement, and erred by misapprehending the legal principles.

Judgment on the defendant's misunderstanding of facts

A. In the crime of assault under Article 260 of the Criminal Act, the purpose and intent of the act, the circumstance at the time of the act, the form and type of the act, the existence and degree of suffering to the victim, etc. should be determined by comprehensively taking account of the purpose and intent of the act (see, e.g., Supreme Court Decision 2017Do21374, Jun. 15, 2018). The perception and intent of exercising physical force against a person is the perception and intent of the act of assault, namely, the perception and intent of the act of assault, if any.

(See Supreme Court Decision 94Do1484 delivered on August 23, 1994). B.

In light of the above legal principles, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the photograph of the CCTV images taken in the situation at the time of the instant case, the charge that the Defendant, along with cell phones, brought the victim a cell phone and brought the victim an article against him/her, and caused the victim’s loss to the left side of the victim, was erroneous in the misapprehension of the facts charged that the Defendant pushed the victim’s “the right side”.

(2) The Defendant stated to the effect that he was protruding the left shoulder of the victim at the time of the police investigation (No. 20 pages of evidence No. 2, 36, 44 of the record of evidence). ③ The victim stated to the effect that he was protruding the shoulder of the victim at the time of the investigation of the police (No. 2, 20 pages of the record of evidence), ③ the victim wanting to be subject to an apology on April 15, 2019 after three days from the date of the occurrence of the instant case (No. 20, 36, 44 of the record of evidence).