Of them, the part on Defendant B shall be reversed.

Defendant

The prosecution against B is dismissed.

Defendant

A.

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles: Defendant A was guilty of having two chests of the victim B. However, the above victim cannot be deemed to have suffered an injury as stated in the facts charged, and even if the victim suffered an injury as stated in the facts charged, this does not result from Defendant A’s harmful act. In addition, Defendant A did not have an intention to inflict an injury on the victim. Defendant A did not have an intention to inflict an injury on the victim. 2) Unreasonable sentencing: The lower court’s sentence (700,000 won of

B. Defendant B (1) misunderstanding of facts: Defendant B did not commit an assault against the victim A, and even if the assault was committed, it constitutes self-defense or legitimate act. 2) Unreasonable sentencing: The sentence of the lower court (a fine of KRW 300,000) is too unreasonable.

2. Judgment on Defendant A

A. 1) In regard to the assertion of mistake of facts and misapprehension of legal principles, injury in the crime of injury means the injury of the victim's completeness or physiological function.

(2) On the other hand, the victim’s diagnosis report submitted by the victim of the crime of injury is not sufficient as evidence to directly prove the fact that the injury was caused by the criminal act of the defendant, since the victim’s diagnosis report by the victim identified the cause of the injury based on the victim’s statement and stated the part, degree, etc. of the injury observed and judged by using medical expertise, and stated the part, degree, etc. of the injury caused by the victim’s criminal act. However, although the date and time when the diagnosis report on the injury was prepared is close to the time and time when the injury occurred, there is no circumstance to suspect the credibility of the victim’s diagnosis report in close vicinity to the time when the injury occurred, and if the part and degree of the injury alleged by the victim coincide with the cause and circumstance of the injury, the victim may suffer injury differently by taking violence from a third party at that time.