Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant of mistake of facts is merely a trace of the victim’s flapsing, and did not bring the victim out of the next place, and did not inflict any injury on the victim.

B. At the time of misunderstanding the legal principles, the victim does not constitute a “motor vehicle driver in operation” under Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”).

C. The lower court’s sentence of unreasonable sentencing (fine 4,00,000) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the lower court found the victim guilty of the facts charged in this case by comprehensively taking account of the evidence as indicated in the judgment of the lower court. 2) The written diagnosis submitted by the victim of the crime of injury was generally identified based on the victim’s statement, and the part and degree of the injury observed and judged by using medical professional knowledge, and it is insufficient to be evidence to directly prove the fact that the injury as described therein was caused by the Defendant’s criminal act. However, if the date and time when the written diagnosis of the injury was prepared is close to the point and time when the injury occurred, and the degree of the injury alleged by the victim is consistent with the cause and circumstance of the injury alleged by the victim, the lower court did not err by pointing out any special circumstance such as where the victim was found to have been assaulted by a third party or the doctor was prepared with a false diagnosis report, the diagnosis of the injury was made together with the statement of the victim and evidence of the Defendant’s injury, and it cannot be rejected without any reasonable basis (see, e.g., Supreme Court Decision 2017Do1717.