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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant did not inflict any bodily injury upon the victim.
(b) even if the victim sustained an injury, this does not constitute an injury as defined in the crime of injury.
C. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The lower court determined as to whether the Defendant sustained injury, based on the evidence duly adopted and investigated, based on the following circumstances: (i) the victim has consistently made a statement from the investigative agency to the court of the lower court to the point that the Defendant was aware of her own mouth due to her personal injury; (ii) the Defendant’s phone call and the E also took the right knee platform by the victim; and (iii) the victim testified in the court of the lower judgment; and (iv) the part and degree of the injury stated in the injury diagnosis certificate correspond to the part corresponding to the circumstances in which the victim stated, the lower court determined that it was sufficient to recognize the fact that the Defendant sustained the victim and sustained the injury.
Examining the evidence duly adopted and examined by the court below in light of the records, the court below's fact-finding and judgment as above are just and acceptable, and there is no error of law of misunderstanding of facts as alleged in the grounds for appeal by the defendant.
Furthermore, the fact-finding and determination by the court below are justifiable even if the victim did not receive medical treatment in relation to the part of the injury in this case before the victim was issued a written diagnosis of injury as a result of fact-finding on the National Health Insurance Corporation.
(b) In determining whether an injury constitutes an injury as defined in the crime of injury, injury is impairing the completeness of the body of the victim or impeding physiological functions.