The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) is a fact that the Defendant expressed the victim’s desire to do so, but there is no assault on the victim.

Nevertheless, the lower court determined that the Defendant erred by misapprehending the facts, thereby assaulting the victim.

Even if not, the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the victim's statement in the court below's decision on the assertion of mistake of facts, it is recognized that the defendant has displayed the victim's chest in three times in a manner of drinking, and that he has displayed the side gate twice in a mountain (96cc in length). This constitutes assault as an exercise of force against the victim.

In the same purport, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just, and there is no error of mistake that affected the judgment.

B. As to the assertion of unfair sentencing, the victim’s wishing to punish the defendant, the defendant has several criminal records of violence, among which they have criminal records, and the defendant committed the instant crime during the period of repeated crime due to the above sentence, etc. is an unfavorable sentencing element against the defendant.

However, the degree of assault used by the victim is not much serious to display the breast by the method of raising the breast with the part of drinking, etc., and the last part of the childbirth carried by the defendant is the sentencing factor favorable to the defendant.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again made as follows.