The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts has been sealed once by the victim, and there is no fact that the victim's head was scambling at one time, but there was no intention to injure the Defendant.

In addition, it cannot be deemed that the injury of the defendant was caused by the assault of this case in the medical certificate of injury, and the brain salvy merely can be naturally cured, and it does not constitute injury as provided for in the crime of injury.

Nevertheless, the court below found the defendant guilty of the crime of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the following circumstances can be acknowledged.

(1) In the investigative agency and the original trial, the victim consistently stated that the defendant was the head of the victim who was in front of the E-ray and got the victim to be tightly, and that the victim was at the time of the victim’s left scam.

Doshe consistently stated in the investigative agency and the court below that the instant assault was hospitalized and treated in the Ktangible Department due to the instant assault at the court below.

피고인은 피해자가 원심법정에서 ‘사건 당일인지 그 다음 날인지는 잘 모르겠으나 증인이 왼쪽 발목을 삐끗하여 깁스를 하여 병원에 입원한 사실이 있습니다’라고 진술하였으므로 피해자의 상해가 이 사건 폭행으로 발생한 것이 아니라고 주장하나, 이는 ‘바로 병원에서 치료를 받았냐’라는 질문에 대하여 병원에 입원한 것이 사건 당일인지 그 다음 날인지 잘 모르겠다는 의미이고, 피해자는 이후 같은 신문절차에서 이 사건으로 병원에 입원하였다고 분명히 진술하였다.

Article 22(1) of the Criminal Procedure Act provides that “The victim shall perform his duties.”