The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds of appeal - Error of mistake of facts - Although the victim's statement that "the clothes have been teared due to violence of the defendant" or witness D's statement in support thereof was credibility, there is an error of finding the facts erroneous in the judgment of the court below which acquitted the defendant.

2. Summary of the facts charged and the judgment of the court below

A. Around August 4, 2017, the Defendant assaulted the victim C (the 58-year-old age) at the Dong conference room of Jung-gu Seoul, Jung-gu, Seoul, with the rear part of the victim C (the 58-year-old age) having teared.

B. The judgment of the court below - The non-guilty court acquitted the above charged facts on the ground that C is difficult to believe the statement of C or D in light of the time when C submitted the accusation report and the damaged photograph, or other circumstances.

3. The judgment of the court below - In full view of the evidence duly admitted and examined by the court below, the defendant can acknowledge the fact that the defendant assaulted the victim C by "taking advantage of the victim's reputation," and the judgment of the court below which differs from this conclusion is erroneous or erroneous in understanding the legal principles as to the crime of assault.

In the crime of assault, the term "Assault" means the exercise of physical tangible force against a human body, and it does not necessarily require any contact to a human body of a victim, and even if it was not directly contacted with a human body of a victim, the exercise of unlawful tangible force against a victim constitutes a assault.

B. Of the facts charged in the instant case, the attitude of the act of assaulting was “where several times,” and according to the legal principles as seen earlier, the Defendant’s act of cutting clothes several times by blocking the Defendant from leaving C constitutes a crime of assault under Article 260(1) of the Criminal Act, and it is merely a result of assaulting that the clothes have teared.

Therefore, the defendant's clothes are as follows.