The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-finding is that the Defendant misunderstanding the victim's shoulder on the same day, that the left hand touchs the victim's right face, but that breaking the shoulder cannot be seen as the use of force to the degree of the assault, and that contact the right face does not constitute an intentional assault.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the lower court, i.e., the following circumstances: (i) the victim consistently stated that the Defendant was faced with the right shoulder and the right shoulder after the Defendant was pushed down; and (ii) the victim’s aforementioned statement is supported by the statements by police officers and security guards; and (iii) the Defendant committed the same act as the facts constituting the crime.

The term “Assault” in the crime of assault refers to the exercise of physical or mental pain on a person’s body, and it does not necessarily require any contact with the victim’s body. The illegality is determined by comprehensively taking account of 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 the suffering inflicted on the victim, etc. (see Supreme Court Decision 2016Do9302, Oct. 27, 2016). As such, the act of a defendant harming the shoulder of the victim constitutes assault as an exercise of physical force on the person’s body.

In addition, the defendant asserts that he did not intentionally harm the victim's timber and sect. However, the defendant seems to have been faced with the victim's face during the victim's speech, and even if the defendant tried to cut off the victim's clothes, as alleged by the defendant, if he tried to cut off the victim's finger from the victim's chest to the face, the victim's face in the process.