The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not enter the victim’s hand in a canter, but did not go beyond the situation in which the Defendant attempted to lose the balance of body by wrong physical diseases, and the Defendant’s hand flicked the victim’s hand on the part of the victim, and flicked the hand.

Even if the time was very shorter than five seconds, it cannot be considered as violence, and there was no intention of assault.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the term “Assault” in the crime of assault in the relevant legal doctrine refers to the exercise of physical or mental pain on a victim’s body, and it does not necessarily require any contact with the victim’s body. The illegality ought to be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, and existence and degree of pain inflicted on the victim (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, even if the Defendant’s act of taking the victim’s grandchildren was done at a moment, it constitutes an unlawful attack on the victim’s body, and constitutes an intentional assault against the Defendant at the time, and also can be sufficiently recognized.

Therefore, the judgment of the court below is just, and this part of the defendant's argument is without merit. A victim consistently stated from the investigative agency to the court of the court below that the defendant would file a complaint against the defendant that the victim would use the underground shelter for private use, and the defendant among such issues.