The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the defendant only used the cell phone of the victim at the time of the instant case, but does not use the force by pushing the victim's chest.

Therefore, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court convicted the Defendant of the instant facts charged on the ground that it is recognized that the Defendant committed assault against the victim’s chest.

B. Although the Defendant consistently denied the facts charged in this case from the investigation stage to the trial court at the trial court, the Defendant’s assaulted the victim’s chest at the time and place indicated in the facts charged by the lower court in addition to the following circumstances acknowledged by evidence duly admitted and investigated by the lower court.

Therefore, we do not accept the defendant's assertion of mistake.

1. From the investigation stage to the original trial, the victim made a statement consistent with the facts charged in this case relatively consistent. Such statement by the victim is not only a relatively clear and detailed description of the content, but also a detailed statement to the extent that it is difficult to make a statement without direct experience.

① In light of the victim’s attitude of the victim’s legal statement, it does not seem that the victim’s statement was false or exaggerated, ② the victim’s motive to make a false statement is not discovered even when the victim is subject to perjury and punishment; ③ the F having observed the situation at the time of the case was made the same statement with the victim from the investigation stage to the original trial.