The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant cannot be deemed to exercise the force against the victim solely on the sole basis of having taken twice the arms of the victim.

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the term “Assault” in the crime of assault under Article 260 of the Criminal Act refers to the exercise of force against a person’s body. In full view of the evidence duly adopted and examined by the court below, the Defendant’s act constitutes the crime of assault as an exercise of force against a person’s body.

① When the Defendant, who is a taxi driver, listens to the victim’s desire at the end of the trial with the victim who is a customer, he saw the victim according to the victim who fell from the taxi, and gets the victim’s bath, “a person who goes to the taxi,” and booms the victim’s hand.

② The victim prevented the Defendant’s grandchildren from having the victim who was the ppuri, and she took the victim’s arms in order to get the victim to board the taxi.

Therefore, the defendant's assertion of mistake is without merit.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined punishment in full view of the unforeseen circumstances, and no new

The crime of this case is committed against the defendant on the ground that the defendant took a bath from the victim, and it is not good that the crime was committed by assaulting the victim while taking a bath to the victim, and there is a record of being sentenced to a fine due to the crime of bodily injury.