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The defendant's appeal is dismissed.
Reasons
Summary of Reasons for appeal
A. In light of the fact-misunderstanding or misunderstanding of the legal principles that a medical certificate submitted by a prosecutor was issued based on the subjective appeal of the victims, and that the shock caused by the instant accident was not significant, the victims received medical treatment for a considerable period of time after the instant accident occurred, and that the said medical certificate was issued for a considerable period of time after the occurrence of the instant accident, and that the said medical certificate was issued for a considerable period of time, the victims suffered injury by the instant accident
It is difficult to see that he/she suffered domestic injury;
Even if it is naturally able to cure and do not constitute "injury" under the Act on Special Cases concerning the Settlement of Traffic Accidents, the court below held that victims suffered injury due to the accident in this case.
In light of the facts charged in this case, the court below erred by misapprehending the facts or by misapprehending the legal principles.
B. The lower court’s sentence against an unfair defendant in sentencing is too unreasonable.
Judgment
A. 1) Determination as to the assertion of mistake of fact 1) In general, the injury diagnosis submitted by the victim of the crime of injury in relevant legal doctrine is not sufficient evidence to prove the fact that the injury occurred due to the Defendant’s act as soon as the victim’s act was committed, since the doctor identified the cause of injury on the basis of the victim’s statement and stated the part and degree of injury through mobilization of medical expertise.
However, in a case where a person who prepared a diagnosis date and a written injury diagnosis for the injury is close to the time and time of the injury, and there is no reason to suspect the credibility of the written injury, and the part and degree of the injury conforms to the cause or circumstance of the injury claimed by the victim, it is revealed that there is a circumstance that the victim might suffer injury differently due to assault by a third party, or that the doctor prepared a false diagnosis report.