The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Although there is a fact that misunderstanding of the facts and the legal principles that the defendant was involved in the crime of assault, there is no fact that the defendant used the force to constitute the crime of assault.

In addition, the act of harming one victim is a legitimate act that does not violate social norms.

B. The sentence that the court below rendered unfair sentencing (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal doctrine) The lower court, based on the evidence as indicated in its judgment, determined as follows: (i) According to the medical certificate of injury, the victim was at the hospital on July 11, 2016, which was the date of the occurrence of the instant case, to the effect that:

(2) On July 13, 2016, the victim made a statement that “the left chest is strong enough to back the body.”

However, considering the fact that “the left chest” and “the left part of the shoulder or the left part of the shoulder” are almost adjoining parts, which may be somewhat different in terms of expression, ③ there is a hole in front of the victim’s left shoulder or the left part of the part, ④ the recording reveals that the damaged person immediately after the occurrence of the instant case resisted against the Defendant, the Defendant may sufficiently recognize the fact that he assaulted the victim, in full view of the following: (a) the victim’s photograph on the upper part of the part of the victim’s upper part; (b) there was a hole in front of the victim’s left part of the shoulder or the part above the left part; and (c) the record

The decision was determined.

2) We now examine in the first instance.

The term “Assault” in the crime of assault refers to the exercise of physical or mental pain to a person’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of the suffering inflicted on the victim, etc. As long as there is the exercise of tangible force contrary to the other party’s intent, the force’s strength is irrelevant.