상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) lies in the fact that the Defendant provided the victim with the horse fighting and the body fighting with the victim, but there was no fact that the victim gave a drinking price to the extent that the victim sustained an injury; the Defendant continued to change the victim's statement on the part that he provided the drinking price and the circumstances of violence, etc.; thus, the victim, D and E's statement cannot be believed to have been made; the medical certificate submitted by the victim alone cannot be deemed to have suffered the victim's slickum by the Defendant's assault; however, the judgment of the court below convicting the Defendant
2. Determination
A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt, but to the extent that it is not required to exclude all possible doubts, and rejection by causing a suspicion of having probative value without reasonable grounds is not allowed as exceeding the bounds of the principle of free evaluation of evidence.
and the statement of the witness is the main issue.
In the case of consistency in the part, the mere fact that the statement on other minor matters is somewhat inconsistent does not unreasonably deny the credibility of the statement.
(Supreme Court Decision 2008Do12112 Decided August 20, 2009).B.
In full view of the following circumstances, which can be recognized by the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that the defendant inflicted bodily injury on the victim as stated in the facts charged in this case, so the defendant's assertion of mistake of facts is without merit.
1. The victim consistently expresses from the investigative agency to the court of the court below that he suffered an injury by assaulting the defendant from the defendant, and there is a little difference between the three parts.