The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant had not inflicted an injury on the victim by taking advantage of the fact, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The victim's medical examination report submitted by the victim of a crime of injury in relation to a mistake of fact generally ascertains the cause of injury on the basis of the victim's statement, stating the part and degree of injury observed and judged by using medical professional knowledge, and it is insufficient to be evidence to directly prove that the injury as stated above was caused by the criminal act of the defendant. However, there is no circumstance that the date and time of the diagnosis of the injury are close to the point and time when the injury occurred, and there is no special circumstance that the part and degree of the injury alleged by the victim coincides with the cause or circumstance of the injury alleged by the victim, unless there is any special circumstance such as where the victim discovered a circumstance that is likely to suffer injury due to the victim's assault from a third party or where the doctor prepared a false medical examination report, the victim's medical examination can be consistently rejected without any reasonable evidence (see Supreme Court Decision 2007Do136, May 207, 207).