The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since there was no fact that the Defendant had inflicted a bodily injury on D, the Defendant suffered a bodily injury from D.

It is false to file a complaint.

Therefore, the lower court erred by misapprehending the facts in determining that the Defendant had filed a false complaint against D without accusation.

B. The punishment sentenced by the lower court (3 million won) is too heavy.

2. Determination

A. 1) Determination on the assertion of mistake of fact 1) The fact that a criminal judgment already became final and conclusive on the same factual basis is a valuable evidence, and thus, it is difficult to adopt a factual judgment in the relevant criminal trial.

Unless there are special circumstances acknowledged, facts contrary thereto cannot be acknowledged (see Supreme Court Decision 2009Do11349, Dec. 24, 2009). 2) Examining the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below in light of the aforementioned legal principles, the defendant's dismissal of D is recognized.

Therefore, the defendant's assertion of facts is without merit.

In Busan District Court Decision 2012DaMa1282 decided on November 3, 201, the defendant was guilty of the crime that "the defendant, at the defendant's house located in Busan Franchi C around November 22:30, 201, he was sentenced to a fine of KRW 300,000 against the defendant as to the defendant, who was convicted of the crime that "the defendant, at the defendant's house located in Busan Franchi C, he made the victim's breath to catch the breath and pushed the victim's breath to the outside of the breath, and caused the victim's breath to cover the victim's right shoulder, and caused the victim's damage to the right breath to be treated for about six weeks of the victim's right shoulder."

Accordingly, the defendant appealed, and the appellate court of the above judgment (the Busan District Court Decision 2012No. 3906, hereinafter referred to as "the criminal case") did not accept the defendant's assertion of mistake of facts, but accepted only the defendant's allegation of mistake of facts and accepted the judgment below.