It is not sufficient to recognize that there is no other evidence to acknowledge it, and the judgment of not guilty in the case, and the guilty of the bodily injury caused by violence within the scope recognized as identical to the facts charged.

On the other hand, only the defendant appealed against the guilty portion, and the prosecutor did not appeal against the acquittal portion of the reasons.

In such a case, the portion of innocence as well as the portion of acquittal on the grounds of indivisible principle is brought to the trial court. However, since the part of acquittal on the grounds is already excluded from the object of attack and defense between the parties, it cannot be judged again by the court (see Supreme Court Decision 2004Do5014, Oct. 28, 2004). Accordingly, the conclusion of the judgment below as to the portion of innocence on the grounds is followed, and this court is not judged separately.

2. Summary of the grounds for appeal (misunderstanding of facts)

3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the grounds for appeal, the defendant's assertion is not acceptable, since the defendant sufficiently recognizes the fact that he/she assaulted the victim's chest as stated in the judgment below.

① At an investigative agency and a court of original instance, the victim specifically stated the details of the Defendant’s assault and the situation before and after the damage.

Although there are some unclear points in the detailed part, it can be sufficiently trusted in light of the overall statement contents and circumstances at the time, etc.

② The victim is on the date of the instant case.