A. Defendant 1) The victim suffered actual injury solely on the basis of the victim’s statement written diagnosis of injury written solely on the basis of the victim’s statement

Although it cannot be seen, the lower court found the Defendant guilty of the facts charged of this case, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The victim's medical examination report submitted by the victim of the crime of injury in relation to the defendant's assertion of mistake of facts generally indicates the cause of injury based on the victim's statement and states the part and degree of injury to observe and determine by mobilization of medical professional knowledge, and it is insufficient to be a direct proof of the fact that the injury as stated above was caused by the defendant's criminal act. However, there is no circumstance that the date and time of the diagnosis of the injury are close to the time and the time of the occurrence of the injury, and there is no special circumstance that the part and degree of the injury alleged by the victim coincides with the cause or circumstance of the injury alleged by the victim, unless there is any special circumstance such as where the victim was discovered a circumstance that may otherwise suffer injury due to the victim's assault from a third party, or where it was revealed that the doctor prepared a false medical examination report, the victim's medical examination can not be dismissed without any reasonable evidence (see, e.g., Supreme Court Decision 106Do136, May 27, 2007).