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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts constituting a crime in the judgment of the court below, committed an injury in consideration of the victim, but the injury suffered by the victim was not required for four weeks of medical treatment.
Nevertheless, the court below erred by misapprehending the fact that the defendant suffered injuries that require four weeks of medical treatment, thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The written injury diagnosis submitted by the victim in the crime of injury by relevant legal doctrine is not sufficient as evidence to directly prove the fact that the injury as stated in the judgment below was caused by the Defendant’s criminal act after the doctor grasped the cause of the injury on the basis of the victim’s statement and stated the part and degree of the injury observed and judged by using medical expertise. However, if the date and time of the diagnosis as to the injury is close to the time and the time of the occurrence of the injury, there are no circumstances to doubt the credibility in the process of the issuance of the written injury diagnosis, and there is no special circumstance where the victim’s injury part and degree coincides with the cause and circumstance of the injury alleged by the victim, and unless there are special circumstances, such as the victim’s act of violence from a third party or the fact that the doctor prepared a false diagnosis report, the injury diagnosis report is serious evidence of the injury of the Defendant along with the victim’s statement, and its probative value cannot be rejected without reasonable grounds.
(See Supreme Court Decision 2010Do12728 Decided January 27, 2011). B.
Judgment
On March 14, 2019, the victim who was assaulted by the defendant and sustained an injury.