The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The injury of the victim of mistake of facts D was only caused by the Defendant’s KON or flaps, leading the Defendant, and was not caused by the Defendant. However, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Even if the Defendant’s act constitutes the element of the crime of injury, this constitutes self-defense as it was conducted during the process of escaping from the victim’s violence. However, the lower court convicted the Defendant of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. (1) With respect to the assertion of mistake of facts, the degree of formation of a conviction for finding a guilty guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it excludes all possible doubts, and rejection of evidence that is recognized as having probative value is beyond the bounds of the principle of free evaluation of evidence.

(See Supreme Court Decision 2008Do12112 Decided August 20, 209, etc.). In addition, the written diagnosis submitted by the victim of a crime of injury is that the doctor generally grasps the cause of injury based on the victim’s statement and states the parts and degree of injury with medical expertise mobilized to observe and determines the cause of injury, and it is insufficient to be a direct proof of the fact that the injury as stated therein was caused by the criminal act of the defendant. However, the date and time when the written diagnosis of the injury was made is close to the time and time when the injury occurred, and there is no reason to suspect the credibility of the written diagnosis.