The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. In the instant case, the victim did not have suffered an injury to the degree of that injury, and even if the victim suffered an injury, it cannot be deemed that it was due to the Defendant’s act.

B. Although the Defendant was flobbling the victim’s breath, it is a defense to defend the victim’s assault during the process of being assaulted by the injured party, and its illegality is dismissed as it constitutes a legitimate defense.

2. Determination

A. The written diagnosis of injury submitted by the victim for a crime of assaulting or causing bodily harm to the victim as to whether to recognize the injury and its causal relation is not sufficient as evidence to directly prove the fact that the injury was caused by the criminal act of the defendant, since the doctor grasped the cause of the injury based on the victim's statement and stated the part and degree of the injury observed and judged by using medical professional knowledge. However, the date and time of the diagnosis of the injury and the written diagnosis of the injury are close to the time and the time of the issuance of the written diagnosis of injury, and there is no special circumstance to suspect the credibility of the injury, and in a case where the part and degree of the injury as mentioned are in accord with the cause and circumstance of the injury alleged by the victim, unless there is any special circumstance such as the victim's occurrence of violence from the third party or the fact that the doctor prepared a false diagnosis report, such diagnosis of injury is sufficient to dismiss the probative value of the injury without reasonable grounds (see Supreme Court Decision 201Do2788, Dec. 27, 2017).

accompanied by violence.