The defendant's appeal is dismissed.

1. The defendant and the victim at the time and place stated in the summary of the facts charged in the appeal, and at the same time and place, were in dispute, and breath of breath, but the defendant adopted the victim's statement without credibility despite the absence of the victim's face, chest and finger, and found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment.

2. The injury diagnosis report submitted by the victim of the crime of injury generally grasps the cause of the injury based on the victim's statement, stating the part and degree of the injury observed and judged by using medical professional knowledge, and it is insufficient to directly prove the fact that the injury as stated above was caused by the criminal act of the defendant. However, if the date and time of the diagnosis of the injury is close to the time and the time of the occurrence of the injury, there is no special circumstance to suspect the credibility of the injury, and if 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 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 is revealed, the injury diagnosis report is serious evidence of the defendant's injury along with the victim's statement and it cannot be rejected without reasonable grounds.

(see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 2011). Based on the foregoing legal doctrine, the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court based on the evidence duly admitted and investigated by the lower court, namely, ① the victim’s police and the prosecution’s investigation, including the personal examination of the Defendant, are conducted four times from the lower court