The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the Defendant did not assault the victim, as stated in the facts charged, and the Defendant merely satisfed the victim’s shoulder or satisfed by her hand in order to correct the interesting victim. This does not constitute a crime of assault because it does not constitute the exercise of physical force against the victim’s body, or is a justifiable act that does not go against social norms (misunderstanding of facts or misapprehension of legal principles). In addition, the lower court’s sentence (400,000 won) of the lower court is unreasonable because it is excessively unreasonable.

2. Determination

A. As the lower court properly states, the victim stated in the investigative agency and the lower court’s court that the victim was assaulted against the Defendant in a specific and consistent manner, and that the service personnel who did not have any interest with the Defendant and the victim is not friendly to the victim, but rather friendly to the effect that “the victim was able to contain a certain degree of sentiment.”

In addition, comprehensively taking account of all the facts acknowledged by the evidence, such as the developments leading up to the occurrence of vision between the defendant and the victim and the situation leading to the service office, the defendant can be recognized as having committed the victim by means of newspaper and hand as stated in the facts constituting the crime in the judgment below. It is difficult to view it as a legitimate act acceptable in light of social norms, as it satisfies the reasonableness of means or method, balance between the benefits of protection and infringement, and supplement of the benefits and benefits of infringement, etc.

Therefore, we cannot accept the defendant's assertion of mistake of facts or misapprehension of legal principles.

B. As to the unfair argument of sentencing, although the defendant denies the crime due to the mistake of the victim, it is shown in the records and arguments of this case, such as the background of the dispute, the degree of violence, the age of the defendant and the victim, the economic situation and health conditions of the defendant.