A. 1) In regard to an injury, the Defendant did not inflict an injury on the victim.

Each statement of H, J, and K is the only evidence of the victim's statement, and the remaining statement of H, J, and K is nothing more than the statement to the effect that there was a dispute at the time, not that the defendant had directly observed an injury to the victim. Since the victim and the witness, H, J, and K maintain a pro rata relationship for a period of ten years, the credibility of the statement is doubtful.

The photographic evidence is not used as evidence of injury, since the photographer, the time of photographing, the subject of photographing, etc. are not specified at all, and a considerable period after the occurrence of the case has been submitted.

② Since the victim did not submit a medical certificate related to the injury and did not receive any medical treatment, it is unclear whether the victim was injured.

2) When considering the fact that the witness K’s testimony concerning a false accusation is suspected of having credibility in light of a pro-friendly relationship with G, and rather, considering the fact that the Defendant consistently states that he was assaulted to G in an investigative agency, there is no evidence to prove that the Defendant had made a false accusation against H and G.

B. The sentence of the lower court (an amount of KRW 4 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts

(1) On May 9, 2014, the aggrieved person is consistent from an investigative agency to the court of original instance, and the accused is around May 9, 2014.