The defendant's appeal is dismissed.

1. According to the CCTV images of the grounds of appeal, the Defendant did not commit an act of assaulting the rear timber of the victim, breaking the rear timber, towing the rear timber, and towing the shoulder of the victim.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2. The term “Assault” in the crime of assaulting judgment refers to the exercise of physical or mental pain to a person’s body, and it does not necessarily require any contact to the victim’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, form and type of the act, existence and degree of pain inflicted on the victim, etc.

(see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). The crime of the instant assault is that “the Defendant’s hand carried a part of the victim’s left shoulder and left side to the Defendant.”

The following circumstances acknowledged by the evidence duly adopted and examined at the court below. In other words, the victim took the part of the victim's body as an unlawful attack against the victim's body in light of the purpose and circumstance of the act and the attitude of the act, etc., when considering the following circumstances acknowledged by the evidence duly adopted and examined at the court below, the victim took the part of the victim's body, and the defendant took the back of the victim's body by getting the victim's hand back from the court. (No. 11 pages of the evidence record) and the CCTV image did not directly take the part of the victim's left shoulder.

Therefore, the judgment of the court below is just and correct.