상해
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial
2. Summary of grounds for appeal;
A. Although a mistake of facts has taken the victim's face one time by hand, it is difficult to deem that the victim suffered bodily injury as stated in the facts constituting the crime in the judgment below.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
3. Determination
A. The following facts or circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: (i) the defendant has committed assault against the victim's inner part of the diagnosis itself; (ii) the victim stated from the day immediately after the victim was abused by the defendant to the point that the son was shaking due to assault (No. 10 pages of evidence); and (iii) the victim was issued a medical certificate that requires approximately three weeks medical treatment due to an injury, such as the victim's scene, the victim's photographic part of the victim's injury (Evidence No. 10 pages of evidence); (iv) the victim did not have any circumstances to suspect credibility in the process of issuing the above medical certificate until the 34th day of issuance; and (iv) the above medical certificate stating that "the causal relation between the victim's injury and the victim's injury and the victim's injury was not the only causal relation between the victim's injury and the victim's injury and the victim's injury occurred.