상해
The defendant's appeal is dismissed.
Of the litigation costs, KRW 1,000,000 shall be borne by the defendant.
1. The gist of the grounds for appeal is as follows: (a) the Defendant did not have inflicted an injury upon the victim’s face and face; and (b) the victim’s injury diagnosis statement and his/her upper part photograph, etc. submitted were fabricated by the victim; and (c) the Defendant’s act was proved without reasonable doubt that the victim suffered an injury.
shall not be deemed to exist.
2. Determination
A. In a case where the statement of a witness, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there exist any separate and reliable data to deem such credibility objectively acceptable from the perspective of the facts charged (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2004Do362, Apr. 15, 2005). Furthermore, in a case where the victim of the crime of injury submitted the victim’s statement generally, the victim’s diagnosis submitted the victim’s medical expertise after ascertaining the causes of the injury based on the victim’s statement, and the doctor mobilized medical expertise to observe and determine that the injury was caused by the Defendant’s criminal act, and there is insufficient evidence to directly prove the fact that the injury as mentioned therein was caused by the Defendant’s criminal act. However, the date and time of the diagnosis of the injury was close to the time when the victim suffered the injury, and there is no special circumstance to suspect the credibility of the victim’s diagnosis as well-founded or evidence of the injury.