The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The defendant's act of mistake of facts does not constitute a special assault (the articles carried by the defendant do not correspond to dangerous articles, and the defendant used them and did not directly use violence against the victim).

The sentence of the lower court on unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is clear that the defendant committed an assault by carrying dangerous objects, such as “I want to leave the victim by gathering plastic stuffs where an empty beer, an empty beer, is tight, sealed the victim’s breast part by the left shoulder, sealed the victim’s breast part by leashing the hand, and sealed the victim’s face, sealed the cigarette butts with a dangerous object, and sealed the victim’s cigarette butt with the dangerous object,” as stated in the facts of the crime at the time of original judgment, it is acknowledged that the defendant committed an assault with the victim by carrying the dangerous objects, such as “I wish to throw the victim with plastic stuffs where an empty beer, which is a dangerous object, and all the cigarette butts with a fat, fat with a dangerous object, in light of its objective nature, method of use, etc. at the time.”

In addition, the term "Assault" in Articles 261 and 260 of the Criminal Code refers to the exercise of tangible force against a person's body, and the exercise of tangible force is sufficient when the person's body is attached, and it is not necessary to directly contact the person's body.

On the record, the fact that the defendant was the victim of the cigarette butts attached with a dust by the defendant, and the fact that the defendant left the plastic bet with an empty beer's disease to the victim is relatively clearly recognized. Thus, even if the actual defendant did not throw a plastic bet with an empty beer's disease, the above act of the defendant was regarded as a special assault crime even if he did not correspond to the victim.