A. The court below erred in the misapprehension of legal principles as to admissibility of evidence by misunderstanding the legal principles as to E’s testimony and police interrogation protocol regarding E, which have no admissibility of evidence. Thus, the court below erred in misapprehending the legal principles on admissibility of evidence.

B. According to the procedure, even though the victim E did not have suffered injury, even though the doctor did not issue a false diagnosis of injury, the court below found the defendant guilty on the ground that "the victim did not explicitly consent to the changes in the indictment at the court below, and the presiding judge at the court below did not ask the defendant "it is not clear that the defendant would have made a statement about the hospital material" despite the prosecutor with criminal burden of proof, and adopted the defendant's statement that has many restrictions on the exercise of the right of defense due to psychological burden and uneasiness as evidence, which affected the conclusion of the judgment, thereby affecting the conclusion of the judgment.

C. Although there was no fact that the Defendant inflicted injury on the victim of mistake, the lower court erred by misapprehending the fact, thereby adversely affecting the conclusion of the judgment.

The decision of the court below, which made the decision, is erroneous in the incomplete hearing that did not ascertain the objective truth in the court below, after giving the notice of the summons to the three parties who issued the written diagnosis of injury, but the doctors are not absent or summoned, and the second notice of the modification of the bill of amendment without making the second notice.

2. Determination

A. As to the assertion of misapprehension of the legal principles, testimony of a person who has a witness qualification (Article 146 of the Criminal Procedure Act) and has ability to testify is admissible, and E has a witness qualification under the Criminal Procedure Act, and according to the record, E is present on the second trial date of the