All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant does not inflict any bodily injury on the victim.

In addition, the injury suffered by the victim due to the defendant's act is not considered to damage the completeness of the body or harm the physiological function, and it does not constitute injury as defined in the crime of injury.

Even if the defendant's act constitutes an element of the crime of bodily injury, the defendant's act of taking the victim's timber back to the scene is justified as it constitutes legitimate act as arrest of a flagrant offender.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. The sentence of a fine of one million won imposed by the Prosecutor (the suspended sentence of a fine) is too uneased and unreasonable.

2. Determination

A. As to the Defendant’s assertion, the Defendant’s statement is consistent with the victim’s statement that (i) whether the crime of injury was committed or not, the F.C.’s major pages of the video screen, photo of videoCCTV, CD, each CD, and the injury diagnosis report prepared by the I Hospital T was issued after the instant assault was diagnosed immediately after the instant assault; and (ii) the victim suffered bodily injury, such as brain-in, the left-hand ples, the upper left-hand ples, and tensions, which require medical treatment for about 21 days by Gutata, and that the victim suffered bodily injury from the instant assault by the Defendant, and there is no reason to suspect that the chest and neck were f.h., the right-hand ear and the right-hand ear, and there is no reason to suspect

In addition, there are no special circumstances, such as the discovery of a circumstance that the victim is likely to suffer another injury due to violence from a third party or the discovery of the fact that the doctor prepared a false diagnosis document, the probative value of the above injury diagnosis document shall not be rejected without any reasonable grounds.

(see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 2011). B, and the lower court is legitimate.