The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) although the Defendant used his arms toward the victim; (b) however, the Defendant’s hand did not contact the victim’s face; (c) thus, the Defendant abused the victim.

shall not be appointed by a person.

Nevertheless, the judgment of the court below which found guilty of the facts charged is erroneous by misunderstanding the facts and affecting the judgment.

2. In full view of the evidence duly examined and adopted by the court below, it can be recognized that the defendant's face was expressed one time by hand towards the victim at the time and place specified in the facts charged.

The crime of assault prescribed in Article 260 of the Criminal Act is an exercise of force against a victim, even though the act of breathing the victim's body spatially adjacent to the victim's body did not directly contact the victim's body (see Supreme Court Decision 89Do1406, Feb. 13, 1990, etc.) by exercising force against the victim (see, e.g., Supreme Court Decision 89Do1406, Feb. 13, 199), and the victim's hand did not contact the victim'

Even if the defendant expresses his arms toward the face of the victim and the defendant's hand is close to the face of the victim, such defendant's act constitutes a crime of assault under the Criminal Act.

Even if the defendant's hand does not contact the victim's face, so long as the court below has deferred a fine of KRW 500,000 against the defendant, such sentencing cannot be deemed unfair.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.