상해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. According to the statement of the victim and the written diagnosis of injury, etc., the court below acquitted the victim of the facts charged of this case, even if the defendant acknowledged that he inflicted an injury on the victim by breaking the shoulder part of the victim at the time of the instant case, and thereby acquitted the victim of the facts charged of this case.
2. Determination on the grounds for appeal
A. The judgment of the court below is based on the following circumstances that the court below duly adopted and investigated and recognized, i.e., the defendant: (i) from an investigative agency to the court below to the court below, the defendant argued that "the defendant did not have a shoulder of the victim; (ii) the victim was pushed the defendant first; and (iii) the victim was only pushed the defendant at the same time; and (iv) the victim stated in the court below that "the defendant did not have any flating flat on the left shoulder part of the defendant; and there was no fact that the defendant was flatt with the defendant," but the victim expressed that "F, who was a witness favorable to him, should be flat or flat, did not have any body of the other party; (iv) the victim was flatd with one another and flatd with one another; and (v) the victim was made at the time and flatd with the defendant's name and flatd with the defendant's statement at the scene of this case."