The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts or misapprehension of legal principles, the Defendant was merely scambling the victim I’s head to the effect that the Defendant would go, and did not bring the victim’s head to the floor by taking the victim’s head.

Therefore, the Defendant’s act does not constitute “Assault” as a crime of assault, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

B. The sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. Assault in the crime of assaulting a mistake of facts or misapprehension of legal principles refers to the exercise of physical and mental pain to a human body, and its illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of pain inflicted on the victim, etc.

(1) The court below stated that “the victim’s statement on the motive, attitude, etc. of the victim’s assault, including the victim’s statement that was lawfully adopted and duly adopted by the court below, and the record reveals the following circumstances: (a) the victim, in the police investigation, stated that “the victim would have less than KRW 35,00,00; (b) putting the head head on the floor to the floor; (c) putting him/her down, pushed him/her down, pushed him/her down, pushed him/her down his/her body; and (d) in the court of the court of the court below, he/she stated that the victim’s statement on the motive, attitude, etc. of the victim’s assault, including the victim’s statement that was tightly consistent and sufficiently reliable; and (d) demanding the payment of the victim’s physical and mental injury against his/her will.”