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The defendant's appeal is dismissed.
Reasons
1. Although the summary of the reasons for appeal is friendly with the victim's face at one time, there is no fact that the defendant has taken the victim's face several times, and there is no injury to the victim by the defendant's act.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant can be found to have inflicted an injury on the victim's face as stated in its reasoning, and the defendant's mistake of facts is without merit.
① As to the facts of assault by the Defendant, which is a key part of the instant injury, there is a fact that the Defendant, as a drinking, consistently and consistently from the investigative agency to the court of original trial, has taken into account the surrounding part of the victim.
statement is made.
(2) Even if a defendant's partial statement (a statement made by an investigative agency and a statement in a written request for formal trial) is made, the defendant has a fact that he/she takes custody of the victim at the time and takes custody of the victim's face, making it appropriate for the victim's above statement.
One Part C stated in the court below that the defendant's hand is not entirely the victim's face, but it is not reliable because it is inconsistent with the above part of the defendant's statement.
③ At the time of the occurrence of the instant case, the victim stated that the police sent to the site was scam of the Defendant’s assault, and thereafter, X-ray was taken at a hospital on the day of the occurrence of the instant case after: (a) on the day of the occurrence of the instant case; (b) on the 21st day of the instant case, the scam was observed, and the results of the medical record appraisal request were observed, and there was no situation until the time.
In addition, after the Defendant’s assault, from the time of X-ray shooting to the time of the Defendant’s use of external force, the victim’s use of external force led to the outbreak of fry.
There is no different circumstance to view.
(b) it;