The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (fact-finding, etc.) is as follows: (a) the Defendant exercised the force of force on the part of the victim who refused to pay the card in the PC room in order to record the wrongful conduct of the victim; and (b) exercised the force of force on the part of the victim, such as first pushing the defendant several times in order to defend the victim; (c) the Defendant did not have the intent of assault; and (d) the Defendant’s above act is dismissed as an act against the victim’s assault.

Furthermore, the injury suffered by the victim on the day of the instant case is not caused by the Defendant’s act.

Nevertheless, the lower court erred by misapprehending the legal principles on the facts charged in this case on different premise.

2. Determination

A. On July 31, 2018, the Defendant: (a) around 14:50 on July 31, 2018, at the PC room operated by the Victim C (year 41) in Gyeonggi-si, Gyeonggi-do, to pay a credit card with the victim; (b) during the dispute, the Defendant committed an assault that pushed the victim’s body with the victim’s hand and body during the dispute, resulting in an injury to the victim’s influence of the cage frame and the double wall that require approximately four weeks of medical treatment.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following: (a) the Defendant’s partial statement, the victim’s police statement, and CCTV video CDs.

C. 1) In the crime of assault, whether the intent or illegality of the act of assault is dismissed or not, is the exercise of physical tangible power against the body of a person. The intent of the assault is recognized when the perception and intent of exercising such tangible power is recognized (see, e.g., Supreme Court Decision 2008Do4126, Jul. 24, 2008). In addition, in a case where a fighting is conducted with mutual vision between the Defendant and the victim and the victim, the act of the strike constitutes an attack at the same time against the other party, and the other party’s act is committed.