The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 50,000.

The above fine shall not be paid by the defendant.

1. The accused of the grounds for appeal does not have assault the victim;

2. Determination

A. The crime of assault as to the grounds of appeal refers to the exercise of physical or mental pain to a human body. The illegality of an act ought to be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, and the existence and degree of the suffering of the victim (see, e.g., Supreme Court Decisions 2016Do9302, Oct. 27, 2016; 2008Do4126, Jul. 24, 2008). Considering the health stand in the instant case; and the following circumstances recognized by the lower court comprehensively taking into account the evidence duly adopted and examined, the fact that the Defendant committed the assault against the victim when the victim was injured two to three times can be sufficiently recognized:

① The Defendant, at his own discretion, recognizes the fact that he had physical contact or exercised physical force on the part of the victim's admission.

In other words, in the police investigation process and the court of law, the defendant has the fact that he has suffered the victim as a son by making the horses seriously.

”라고 진술하였고, 검찰 수사과정에서 “ 오른 손으로 입 좀 닥치라 고 하면서 2~3 회 톡톡 친 것입니다.

“.........”

② At the time of divorce, the Defendant and the victim were dissatisfied with the issue of divorce. However, given that the victim had a serious desire for the Defendant, and that there was a process to restrain the Defendant from doing so, the degree of exercise of force is less likely to have been insignificant as stated by the Defendant’s statement in light of the Defendant’s intent to act or circumstances at the time.

③ The above-mentioned verbal dispute between the Defendant or the victim appears to have occurred frequently. However, if both parties are to associate relatively clearly with the situation in the four to five months prior to the time of their statements, the injured party made a statement in some exaggeration of the Defendant’s behavior.