The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The Defendant stated that the Defendant: (a) launched a toy gun (non-shot gun) toward the lux and did not launch the victim’s toy guns; and (b) the victim did not comply with the Defendant’s launch notice.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.

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

2. Determination

A. Assault in the crime of assaulting a mistake of facts refers to the exercise of physical or mental pain on a human body, and it does not necessarily require any contact with 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.

(2) On October 27, 2016, Supreme Court Decision 2016Do9302 Decided October 27, 2016 (see, e.g., Supreme Court Decisions 2016Do9302, Oct. 27, 2016). In other words, the facts or circumstances acknowledged by the aforementioned legal doctrine and the evidence duly adopted and investigated by the lower court and the trial court (i.e., the distance between the vehicle and the victim driven by the Defendant at the time of launching the toy guns) are relatively close to about three meters; and (ii) the victim, at the court of the first instance, was away from the “the toy total sound” and “non-carbon total

In light of the fact that the Defendant stated that he was guilty, and the CCTV images taken by the situation at the time, the lower court’s determination that recognized the facts charged against the Defendant is justifiable, as otherwise pointed out by the Defendant, in view of the following: (a) the Defendant’s act of driving a car at a reduced speed in the vicinity of the victim, and the Defendant’s act of driving a car at a high speed; and (b) the Defendant’s act of driving a car at a high speed