A. It is true that the defendant misunderstanding the fact that he was fluor B's chest is sealed.

그러나 B이 이로 인하여 넘어진 것이 아니라 B 스스로 넘어지는 시늉을 하였거나 발을 헛디뎌 넘어진 것일 뿐이므로, 피고인의 행위로 인하여 B이 10 주간의 치료를 요하는 제 5 요추 부 골절을 입은 것으로 볼 수 없다.

In addition, the defendant did not have any intention to commit the above injury to B.

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

2. Determination

A. 1) Determination as to the assertion of mistake of facts: (a) The injury diagnosis report submitted by the victim of a crime of injury in the relevant legal doctrine is generally based on the victim’s statement, and generally after the doctor grasps the cause of injury based on medical expertise, and records the part and degree of injury observed and decided by the doctor, and it is insufficient to be evidence to directly prove the fact that the injury was caused by the criminal act of the defendant. However, although the date and time of diagnosis of the injury and the written diagnosis of injury are close to the time and there is no circumstance to suspect the credibility of the injury; and (b) in a case where 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 the victim’s occurrence of violence from a third party or the fact that the doctor has made a false diagnosis report, such diagnosis shall be sufficient evidence to ensure stability in the facts of the injury of the defendant and shall not be rejected without reasonable grounds (see, e.g., Supreme Court Decision 2007Do5167, May 26, 207).