The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendant only put a part of the victim’s arms to keep a conversation with the victim and did not depict the victim’s shoulder.

(Definite person). Such minor physical contact does not constitute an assault, and at the time there was no intention to commit an assault against the defendant.

Even if it falls under violence, the defendant's act is a legitimate act that does not violate social norms in light of the degree of violence or the circumstances in which violence was committed.

(legal scenarios) 2. Determination on the grounds of appeal

A. The assault as referred to in Article 260 of the Criminal Act refers to the exercise of unlawful tangible force against a person’s body, and its illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.

(See Supreme Court Decision 2009Do6800 Decided September 24, 2009, etc.). B.

According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was unable to leave the victim by pushing the part of the victim's arms against the victim's will to leave the information room twice. The facts charged in this case contain that the defendant's part of "a shoulder and arms" is sealed. Since the difference in the part of the assault does not affect the basic identity of the facts charged in this case and does not cause any disadvantage to the defendant's exercise of his right to defense, this court shall correct the part of the facts charged in the judgment below ex officio, and it is difficult to view that the part of the crime in this case was changed, and therefore, the judgment of the court below is not reversed.

Although such act of the defendant is minor, it constitutes an assault under the Criminal Act as an exercise of tangible force against his body, and such act constitutes the defendant.