The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. Fact-finding of facts (with regard to special injury) that the defendant had a ice fice, but the victim did not fit, and could have protruding the ice contained in that fice, but the degree of injury was not likely to occur, and the statements made by I and K in support of the above claim are credibility.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on the grounds of the injury diagnosis report, etc. which cannot be considered as an objective evidence.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of this part of the facts charged on the ground that, in light of the circumstances such as the statement in this part of the facts charged, the Defendant was found to have concealed ice and inflicted bodily injury on the victim as stated in the facts charged.

If the reasoning of the judgment of the court below is examined as follows, which can be acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just, and there is no error of law of mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

1) 피해자는 수사단계부터 원심 법정에 이르기까지 이 사건 당시의 상황 및 피고인의 행위, 피해자가 그에 대응한 행동, 당시 느꼈던 감정 등에 관하여 구체적이고 상세하게 진술하고 있고, 그 진술이 직접 경험하지 않은 내용을 진술한다고 보기 어려울 정도로 생생하다(2019고단2766 사건 증거기록 제18쪽 이하, 공판기록 제80쪽 이하 등). 2) 경찰관이 현장에서 찍은 피해자의 피해 사진에는 피해자의 왼쪽 옆구리 부분이 빨갛게 변한 모습을 확인할 수 있는바(위 증거기록 제8쪽), 피고인의 행위 이외에 달리 피해자에게 그러한...