상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is merely that the defendant and the victim are pushed ahead with and drawn up with each other, and the defendant does not seem to have taken the part of the victim's ship and neck by drinking, or walking the victim's ship and bucks. The injured part of the medical certificate submitted by the victim was also the victim's price;
There is no conflict with the arguments.
Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous.
2. Determination
A. The lower court convicted the Defendant of all the charges of this case based on the evidence duly adopted and examined by the lower court.
B. 1) The injury diagnosis submitted by the victim of a crime of injury in relevant legal principles is generally based on the victim's statement, and the part and degree of injury, etc. of the victim who mobilized medical expertise to observe and determine on the basis of the victim's statement, and it is insufficient to be directly proven that the injury as stated therein was caused by the criminal act of the defendant. However, there is no circumstance that the date and time of the diagnosis of the injury is close to the time and the time of the occurrence of the injury, and there is no special reason to suspect credibility in the process of issuance of the written diagnosis of injury. In a case where the victim's injury part and degree coincides with the cause and circumstance of the injury alleged by the victim, unless there is any special circumstance such as where the victim was discovered or it was revealed that the victim was assaulted by a third party, etc., or that the doctor prepared a false diagnosis report, such injury diagnosis shall be sufficient evidence with the victim's statement and it shall not be rejected without reasonable grounds (see Supreme Court Decision 201Do1278, Jan. 27, 2011).