The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim does not have the head of the defendant, as stated in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.

2. Determination

(a) The act of using violent language, taking a bath, or displaying or taking things in a solid vicinity to the body of the victim of the relevant legal doctrine at the same time did not directly contact the victim's body;

Even if it is an unlawful use of force against the victim, it constitutes violence.

(See Supreme Court Decision 89Do1406 delivered on February 13, 1990 and Supreme Court Decision 2000Do5716 delivered on January 10, 2003

Judgment

In the lower court, the Defendant also asserted the same as the grounds for appeal, and the lower court acknowledged the head of the Defendant, on the basis of each of the statements of the victim and E, as stated in the facts charged, on the basis of the victim and E’s statement.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim stated in the investigative agency that “the defendant was faced with the victim’s head at one time,” and “the victim’s head at one time” (in the investigation record page 22), and in the court of the court of the court below, the victim’s wife and the defendant’s wife continued to be the victim’s head toward the chest of the victim.”

At the first time, the victim was living on the side of the victim's house, and the defendant was living on the side of the elevator, and the victim and the defendant's wife were spared in the middle.

The Defendant continued to talk with the victim that “IsnB, Is U. S., IsnB,” and “IsnB,” and the victim also expressed his desire to do so, and the head was pushed down.

(xc)"assign."