A. The Defendant, by mistake of facts, was unilaterally against the victim at the time of the instant case, and did not at all commit the victim.

B. Although misunderstanding of legal principles, the wife suffered by the victim is extremely minor and does not constitute the injury of the victim.

(c)

The punishment of the lower court (one million won in penalty) is too unreasonable for sentencing.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant's allegation in this part is without merit, since it is sufficiently recognized that the defendant was the head, etc. of the victim as stated in the judgment below.

B. The written diagnosis of injury submitted by the victim of the crime of injury in relation to the assertion of misapprehension of the legal doctrine is generally based on the victim’s statement, and the victim’s intent and degree of injury, etc., upon mobilization of medical professional knowledge, are stated. It is insufficient to provide evidence to directly prove the fact that the injury as stated therein was caused by the Defendant’s act.

However, in a case where a person who prepared a diagnosis date and a written injury diagnosis of the injury is close to the time and time of the injury, and there is no reason to suspect the particularly credibility in the process of issuing the written injury diagnosis, and where the part and degree of the injury as stated are consistent with the causes or circumstances of the injury alleged by the victim, barring special circumstances, such as where there was a discovery of the circumstance that the victim was abused by a third party, etc., or where the fact that the victim was prepared a false medical certificate was revealed, the injury diagnosis shall be a serious evidence of the injury of the defendant, along with the victim’s statement, and the probative value thereof shall not be dismissed without reasonable grounds (see Supreme Court Decisions 2010Do12728, Jan. 27, 201; 201Do12728, Apr. 1, 2016).