The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

, however, for one year from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the defendant should be found to have abused the victim as stated in the facts charged, but the judgment of the court below which acquitted the defendant.

2. On November 30, 2019, the Defendant: (a) around 13:13, 2019, at “C”; (b) expressed the Defendant’s intent of opposing the Defendant’s plan to install solar power infrastructure; (c) carried the Defendant’s chest part of the Defendant’s chest by pushing the Defendant’s chest; and (d) carried the Defendant’s chest part of the Defendant’s chest over the floor; and (c) thereby, suffered injury to the Defendant, such as cage at least four weeks of medical treatment.

Accordingly, the defendant committed violence to the victim and caused the injury.

3. Determination

A. The lower court found the Defendant not guilty on the ground that there is a lack of evidence to acknowledge the fact that the Defendant committed assault against the victim in light of the following circumstances: (a) the victim’s statement as shown in the facts charged was not reliable against the witness E’s testimony in the CCTV on the site of the instant case; and (b) the aforementioned video data and E’s reasoning of the lower judgment recognized by the E.

B. However, the above determination by the court below is difficult to accept in light of the following circumstances.

In the crime of assault under Article 260 of the Criminal Code, violence refers to the exercise of unlawful tangible force against a human body, and its illegality should be determined after considering the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.

(Supreme Court Decision 2009Do6800 Decided September 24, 2009). In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant assaulted the victim as stated in the facts charged.