The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal is as follows: (a) the Defendant: (b) did not have committed an assault by breathing the victim’s face by hand and breathing the victim’s breath on the part of the victim; and (c) did not have committed an act of assaulting the victim’s breath; and (d) the lower court convicted the Defendant of the facts charged.

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

A. The summary of the facts charged in this case is the defendant who is a proxy driver B, and the victim C is a person who drives a motor vehicle of the kind as proxy driver B with the head of Busan Metropolitan City D.

Although the Defendant, as an agent, asked the victim, who is an article of the joint-class vehicle, to take the place of his/her own seat, he/she did not seem to have been able to fight on the ground that he/she refused it.

On July 17, 2017, in order to comply with the above contents in the old world of the E apartment building in Kimhae-si, Kimhae-si, the Defendant met the victim's face and met once by hand, and used the victim's breath hand over the part of the victim's back to the part of the victim.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that: (a) the witness F’s statement in the court and investigative agency as well as the victim’s photograph, and the purchase receipt, etc. are admitted as evidence; (b) the F made a concrete and mutually-born statement from the investigation stage to the testimony twice in the court of the lower court; and (c) the contents of the statement are consistent, thereby sufficiently recognizing the credibility of the statement

3. The judgment of this Court

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to ensure that the facts charged are true to the extent that there is no reasonable doubt by the judge.