The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to prevent the victim from committing a dynamic image with a cellular phone, the Defendant did not commit an offense against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the crime of assault has affected the conclusion of the judgment.

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

2. Determination

A. In the crime of assaulting a mistake of facts, the term “Assault” in the crime of assaulting a mistake of facts refers to the exercise of physical or mental pain on a person’s body, and does not necessarily require any contact with the victim’s body (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). It constitutes assault as an exercise of unlawful tangible force against the victim, even though it was not directly contacted with the victim when the victim committed an act of wearing a hand or an object or having an object in a humping manner close to the victim.

(see, e.g., Supreme Court Decision 2008Do4126, Jul. 24, 2008). We examine in light of the aforementioned legal principles.

According to the evidence duly admitted and examined by the court below, the fact that the above cell phone faces facing the victim's face can be acknowledged as a result of smuggling of the victim's two descendants near the victim's face and the victim's two descendants who used the cell phone device.

Since the victim took the cell phone at the time as close as the face of the victim, it is reasonable to see that the cell phone in the direction of the victim's face will be faced with the victim's face, and that the defendant took action to allow such result.

Therefore, as well as the fact that the defendant assaultss the victim, the intention of the defendant is also recognized as sufficient.