The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim.

In order to admonish the victim, the defendant only has a mother and child of the mother and child used by the victim with golf loans.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Assault in the crime of assaulting a mistake of facts refers to the act of exercising a tangible power that inflicts physical or mental pain on a human body.

Whether an act constitutes a assault shall be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of suffering to the victim, and it does not necessarily mean that the victim's body is directly contacted.

Therefore, it should be viewed as violence even if the act of opposing the victim's body or the act of displaying the victim's body or the object toward the victim's body does not directly contact the victim's body.

(see Supreme Court Decision 2016Do9302, Oct. 27, 2016). According to the evidence duly adopted and examined by the lower court, the lower court, on the day of the instant case, acknowledged the fact that the golf loans are against the head of the victim, while the Defendant engaged in a verbal dispute with the victim, and gave up the victim a golf loan to the victim, and that the golf loans are against the head of the victim (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). This, in itself, ought to be deemed as an act of exercising the victim’s body tangible power and constitutes an assault.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record on the assertion of unfair sentencing, the sentence imposed by the lower court appears to have been appropriately determined by fully considering the grounds for sentencing alleged by the Defendant, and no special circumstance exists to change the sentence imposed by the lower court.

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