The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant misunderstanding of the fact was questioning the victim about him/her, the fact that he/she saw him/herself as described in the facts charged, and that he/she was found guilty of the victim's head.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The crime of assault in determining a mistake of fact refers to the exercise of physical tangible force against a human body, and it does not necessarily require any contact with the victim, and thus, in the case of an act of placing a hand or an article or an act of placing a hand or an article, as the victim may take a bath near the victim, it did not directly contact the victim's body.

In light of the above legal principle, the following circumstances acknowledged by the Health Team and the court below and the evidence duly adopted and examined by the court below, namely, ① the victim consistently stated that “the defendant was spawndd against the suspect who was on his own book,” and ② the defendant also stated in the investigative agency that “the victim was spawd against the victim.”

In full view of the fact that the Defendant, as stated in the judgment of the court below, stated to the effect that he was the victim at the time of questioning the newspaper to the effect that he was “I thought that he was the victim, but did not fit,” the fact that he was questioning the victim toward the victim is recognized, etc., the Defendant may fully recognize the fact that he abused the victim as stated in

Therefore, Defendant’s assertion of factual mistake is without merit.

B. Considering that there are circumstances to consider the Defendant’s background leading up to the Defendant’s criminal act, the primary offender, etc., the Defendant sent letters that repeatedly cause fear to the victim for about four months.