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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. The Defendant did not have any misunderstanding of facts against the victim, and did not have any intention to assault the victim.
B. The Defendant committed the instant crime with weak mental and physical disorder due to mental fissionation.
C. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Determination
A. The act of placing a hand or an article on the part of the victim, as the victim might take a bath in close proximity to the victim’s assertion of mistake, constitutes assault as an exercise of unlawful tangible force against the victim, even though it was not directly contacted by the victim’s body.
(See Supreme Court Decisions 89Do1406 delivered on February 13, 1990 and 2008Do4126 delivered on July 24, 2008, etc.). Comprehensively taking account of the evidence duly adopted and examined by the court below, the court below can sufficiently recognize the fact that the defendant gets a victim who was on the way, without any specific reason, who was not a one-way way to go against the victim's face, and thus, it is just that the court below acknowledged the above act of the defendant as a crime of assault, and there is no error of law by mistake of facts, such as the defendant's assertion.
B. On October 5, 2018, after the crime in this case was committed, the Defendant was diagnosed as an unexploited colon and received medical treatment from the I physician. However, in light of the background of the crime, method of the crime, circumstances before and after the crime in this case, details and attitude of the Defendant’s statement made at the investigative agency, etc., it is difficult to view that the Defendant had a weak mental and physical disorder due to mental disorder at the time of committing the crime in this case, and therefore, the Defendant’s assertion of mental and physical disability is without merit.
C. The defendant did not recognize his responsibility while denying the instant crime, and the defendant did not have any particular reasons.