The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. The summary of the grounds of appeal is that the defendant did not inflict an injury on the victim by putting the victim D with the direction of the victim D or getting the victim to wear the shouldered part of the victim. However, the judgment of the court below which convicted him of the facts charged of this case is erroneous in matters of mistake of facts.

2. The following circumstances revealed by the evidence duly admitted and examined by the court below, i.e., (i) the victim made a consistent statement with the facts charged in this case from the police investigation to the court of the court below, (ii) the witness E and F are also making a witness statement in compliance with the victim's above injury statement, and (iii) the contents of the injury diagnosis statement and the images of the related photograph are consistent with the contents of the above injury statement, it is sufficiently recognized that the defendant inflicted an injury on the victim as stated in the facts charged in the judgment of the court below. Thus, the victim's above assertion is rejected.

3. In conclusion, the defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the defendant's appeal is with merit, and the costs of the trial by the court below and the party shall be borne by the defendant pursuant to Articles 191 (1), 190 (1) and

[However, Articles 70(1) and 69(2) of the Criminal Act in the application of the judgment of the court below are clear that the phrase “Article 70(1) and 69(2) of the Criminal Act (amended by Act No. 12575, May 14, 2014)” is a clerical error under Articles 70 and 69(2) of the former Criminal Act. Thus, it shall be corrected ex officio under Article 25(1)