상해
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. The gist of the grounds for appeal is that the Defendant did not flick the victim’s breath, and only flick the victim’s arms at the defense vehicle, unilaterally faced the victim’s assault from the victim.
Nevertheless, the judgment of the court below which convicted the defendant by recognizing that the defendant abusedd the victim's breath by blaping it was erroneous in misconception of facts.
2. In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① the judgment of the court of first instance on the credibility of the statement made by the witness of the court of first instance should be respected as to the credibility of the statement made by the witness of the court of first instance in light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the judgment of the court of first instance was clearly erroneous. The victim consistently stated from the investigation stage to the court of first instance that "it was true that he did assault the victim, but the victim was flothly flickly flickly flick." The court below determined that the victim's legal statement was credibility; ② the victim was issued a diagnosis of injury, such as spawn, spawn, and satch flickum, and so on; ② the victim was not the victim's 4th day after the victim's visit to the hospital of this case, but the victim was not the victim's body of this case.