The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant case by mistake of facts and misapprehension of legal principles, the Defendant only caused the victim’s cell phone device by hand in order to restrain the victim who illegally photographs his face with his cell phone, and did not go against the victim’s face.

Even if the defendant was faced with the victim's face by pushing the cell phone, it cannot be deemed that the victim was injured by the shock alone.

In addition, the defendant's act is a passive defense to oppose the illegal act called infringement of portrait rights.

Nevertheless, the lower court found the Defendant guilty on the grounds of the victim’s statement, etc. without credibility. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of the legal principles as to the assertion of misunderstanding of facts