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1. The Defendant’s KRW 500,000 and the Plaintiff’s 5% per annum from July 17, 2012 to June 30, 2016.
Reasons
1. Facts of recognition;
A. On July 17, 2012, the Plaintiff and the Defendant posted a different vision at the treatment room located in the Dong-gu Busan Metropolitan City C.
B. (1) On July 18, 2012, the following day, the Defendant alleged that he/she suffered bodily injury from the Plaintiff’s head at the above time and place, and filed a criminal complaint against the Plaintiff.
(2) On November 28, 2012, the prosecution issued a summary order by the court on the charge that “A” in the “D” treatment room located in the Dong-gu Busan Metropolitan City on July 11:50, 2012, the Defendant heard the sound from the victim B, who was not adequate in a usual appraisal, to “I am safe from a crime.” On the part of the victim’s head at one time, the prosecution brought an injury to the victim, which requires approximately 14 days’ head at one time.” However, the summary order was issued by the court by filing a prosecution against the Plaintiff for an injury, which led to the Plaintiff’s request for a formal trial.
(3) In the above case, the court of first instance rendered a judgment of innocence (Supreme Court Decision 2012Da5928 Decided July 11, 2013) on the ground that there is insufficient evidence to acknowledge the fact of assault in addition to the defendant's statement, the court of first instance stated that the defendant was unable to consistently make statements in the police and the court of first instance on the part of the defendant and the circumstances where the plaintiff was in his own situation, etc., and that the court of appeal did not consistently make statements in the police and the court of first instance. ② The court of first instance stated that "E who was in his back page of the defendant appeared to have been in his head, but the plaintiff could not be in his head at the time." The court of first instance stated that "F, which stated that "I considered the plaintiff to have been in his head," by telephone from the police, sent off the door to the defendant, who was aware of what he was born, but only he was born at the scene."