A. Although it is difficult to establish evidence of guilt because the statement and the written diagnosis of injury by the victim of mistake of fact make it difficult to believe it, the judgment of the court below which found the defendant guilty of the facts charged of this case by mistake of fact, has an error of law that affected the conclusion

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The victim's death diagnosis report submitted by the victim of the crime of injury generally grasps the cause of the injury based on the victim's statement, stating the part and degree of the injury observed and judged by using medical expertise, and it is insufficient to directly prove the fact that the injury as mentioned above was caused by the criminal act of the defendant. However, if the date and time when the victim's death diagnosis report was prepared is close to the time and time of the injury and there is no special circumstance to suspect credibility in the process of issuing the injury diagnosis report, and the part and degree of the injury are consistent with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances such as the victim's assault was discovered from a third party or the fact that the victim prepared a false diagnosis report was revealed, the victim's injury diagnosis report was not consistent with the victim's statement and evidence of the facts of the injury of the defendant, and its probative value can not be rejected without any reasonable ground (see Supreme Court Decision 200Do1678, Jan. 27, 2011; Supreme Court Decision 2007Do177207.