The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty by misunderstanding the fact, even though the victim caused the Defendant’s insulting speech by insulting the Defendant’s children, and did not assault the victim, and even if the Defendant’s act did not contravene social norms, the court below convicted the Defendant by misunderstanding the fact.

B. The lower court’s sentence (an amount of KRW 500,000) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

가. 폭행에 해당하지 않는다는 주장에 관한 판단 1) 원심의 판단 피고인은 원심에서도 이 부분 항소 이유와 같은 취지의 주장을 하였고, 이에 관하여 원심은, 원심이 적법하게 채택 ㆍ 조사한 증거들에 의하면, 피고인이 피해자에게 큰 소리를 내고 손가락으로 피해자를 가리키며 다가갔고, 피해자가 뒷걸음질 치자 계속 윽박지르며 약 40m를 따라간 사실이 인정되는 바, 이는 피해자에게 육체적 ㆍ 정신적 고통을 주는 유형력의 행사에 해당하고, 피고인에게 폭행의 고의도 인정된다고 판단하였다.

2) The crime of assault referred to in the crime of assault refers to the exercise of physical or mental pain on a person’s body, and it does not necessarily require any contact with the victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of the suffering inflicted on the victim (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). B) In full view of the following circumstances acknowledged by the evidence duly adopted and duly examined by the court below, it is reasonable to deem that the act of the Defendant’s act of causing confusion in a prolonged and large volume of sound constitutes assault, and thus, it is reasonable to deem that the act of the Defendant’s backing the victim constitutes the act of assault.