The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged of this case, although the Defendant did not directly use the victim's direct assault, is erroneous in the misapprehension of facts, which affected the conclusion

B. The lower court erred by misapprehending the legal doctrine as to the instant crime, since the Defendant, at the time of the instant crime, committed the Defendant’s desire and pushed the Defendant on the ship and pushed the Defendant on one hand, thereby constituting a legitimate defense.

Therefore, the lower court erred by misapprehending the legal doctrine that found Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

(c)

The punishment sentenced by the court below to the defendant (the amount of 500,000 won) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) As to the crime of assault, the term "Assault" means the exercise of physical tangible force against a human body, so it does not necessarily require any contact with the victim's body, and thus, it was not directly contacted with the victim's body in the event that he/she took a bath near the victim, as he/she would put the victim into contact with his/her body as he/she takes a bath.

Even if an unlawful use of force against a victim constitutes an assault (see Supreme Court Decision 2000Do5716, Jan. 10, 2003, etc.). Therefore, if a physical contact was made to the victim, it constitutes assault even if it was not an act of making it a drinking, etc., it constitutes assault.

2) Comprehensively taking account of the following circumstances acknowledged in accordance with the evidence duly adopted and examined by the lower court, the lower court fully recognized the Defendant’s act of assaulting the victim’s chest, such as pushing the victim’s chest, bating bat, etc.

(1) The injured party refers to “the Defendant, who takes the victim’s desire and gets on the drinking distance” from the investigative agency to the court of the court below, and flabs the fat with the left hand, and flabs the chest.