상해등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
provided that this ruling has become final and conclusive.
1. The lower court rendered a judgment of acquittal on the charge of assaulting the Defendant on January 13, 2013 among the facts charged in the instant case, and rendered a judgment of acquittal on the remainder of the facts charged, and only the Defendant appealed on the guilty portion among the lower judgment. As such, the judgment of acquittal portion among the lower judgment became final and conclusive as it is, depending on the lapse of the appeal period.
Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. In relation to the mistake of facts on May 5, 2018, the Defendant was only in favor of the victim, and the Defendant did not inflict an injury necessary for approximately six weeks of medical treatment as indicated in this part of the facts charged.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (one year and three months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
3. Determination
A. The written diagnosis of injury submitted by the victim of the crime of determining a mistake of facts generally after the doctor grasps the cause of injury based on the victim's statement, and stated the part and degree of the injury observed and judged by using medical expertise, and it is insufficient to be a evidence to directly prove the fact that the injury as stated therein 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 issuance of the written diagnosis of injury, there is no circumstance to doubt the credibility of the written diagnosis of injury, and if the part and degree of the injury alleged by the victim coincides with the cause and circumstance of the injury alleged by the victim, there is a fact that there is another circumstance to cause the injury differently or the doctor prepared a false diagnosis report by the victim, etc.