The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As to the use of violence in the judgment of the court below in misunderstanding of facts, the defendant only put the victim's arms, and there was no intention of assault.

B. As to the point of assault in the judgment of the court below, in light of the degree of the force of the defendant's use, it is a legitimate act to point out not only the assault but also the error of the victim.

C. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Determination

A. The court below's determination of facts in light of the following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below: (a) the victim stated at an investigative agency that "the defendant was unable to have the defendant left the vehicular road so that he was unable to wear a safety cap, and reported to the police that he was going to go off, so that he was unable to get off the right shoulder, so that he was unable to cut off and cut off, and that he was able to go off from the west," and the defendant set the victim's car with his own fault that the victim tried to start, and even if the defendant did not want to get off the body of the victim, the defendant could not have been able to get off the body of the victim, and the defendant could not have been able to get off the body of the victim with his hand, but the defendant could not have sold the victim's body as well as the defendant's assertion that he did not have sold the victim's body. However, even if the defendant did not have sold the victim's body, it appears to constitute an unlawful use.