A. At the time of claiming a misunderstanding of facts, the Defendant did not inflict an injury on the victim by making a victim's elbow under his arms once as stated in the facts charged in the instant case.

B. The lower court’s decision on the grounds of unreasonable sentencing (the KRW 500,000 of a fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The written injury diagnosis submitted by the victim in the crime of injury generally finds the cause of injury on the basis of the victim's statement and records the part, degree, etc. of the injury observed and judged by using medical expertise and directly proves the fact that the injury as mentioned above was caused by the criminal act of the defendant. However, if the date and time of the diagnosis of the injury are close to the time and the time of the occurrence of the injury, there are no special circumstances to suspect the credibility of the injury, and if the part and degree of the injury as mentioned are consistent with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances, such as the victim's act of violence from a third party or the fact that the doctor has discovered any circumstance to cause or prepared a false diagnosis report, the injury diagnosis report is serious evidence of the defendant's injury along with the victim's statement and it cannot be rejected without reasonable grounds.

(See Supreme Court Decision 2007Do136 Decided May 10, 2007, and Supreme Court Decision 2010Do12728 Decided January 27, 201). B.

In light of the above legal principles, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the situation and circumstances at the time, and how the victim committed assault against the defendant, are consistent from the investigative agency to the court below.