1. The judgment below is reversed.

2. Defendant shall be punished by a fine of 200,000 won.

3. The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the defendant only threatened the victim by electrical shocking, and did not directly exercise his/her physical force, and there was no assault.

Even if the facts of assault are recognized, since it is reasonable for the victim to defend against imminent physical violations, such as threatening the defendant, etc., it constitutes self-defense and thus, illegality is excluded.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in misapprehension of legal principles.

On the other hand, the punishment (the fine of KRW 500,000) sentenced by the court below is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles regarding the crime of assault in the crime of assault that did not have an assault means the exercise of physical tangible force against a human body, which does not necessarily require any physical contact with a victim. Thus, as the victim might take a bath near the victim, even if the victim did not directly contact the victim's body, it constitutes an assault as an exercise of unlawful tangible force against the victim (see, e.g., Supreme Court Decision 89Do1406, Feb. 13, 1990). In full view of the evidence duly adopted and examined by the court below and the CCTV video additionally submitted by the prosecutor at the court and the trial, the defendant sufficiently recognized that the electric shock machines were danced against the victim as stated in the facts charged of this case, and this constitutes an assault under Article 261 of the Criminal Act. Accordingly, the defendant's defense that there was no assault, therefore, is without merit.