The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In spite of the fact that the Defendant did not have inflicted a bodily injury on the victim, the lower court found the Defendant guilty of the facts charged of this case.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below, the defendant may fully recognize the fact that the defendant inflicted an injury by assaulting the victim as stated in the facts charged in this case.

피해자는 수사기관에서는 ‘(싸움을) 만류하는 과정에서 피고인이 발로 저의 무릎 부위를 찼다’(증거기록 60면), 원심 법정에서는 ‘발로 차는 장면을 보지는 못했고 말리는 과정에서 맞은 것 같다. 정신을 차리고 보니 무릎 쪽을 맞은 것 같다’라는 취지로 피해자의 친구들과 피고인이 다투는 것을 말리는 과정에서 피고인이 발로 피해자의 무릎을 찼다는 취지로 일관되게 진술하고 있다

(No. 50 pages of the trial record). Considering the fact that at the time of the instant case, the victim was in a drinking condition, the situation where the Defendant and the victim’s friendship were brought about a purely while resisting their friendship, and other circumstances where the victim could suffer injury, it is difficult to readily dismiss the credibility of the victim’s above statements considering that the victim’s above statements are natural in light of the circumstances.

The witness G of the court below also stated that the defendant and the victim are closely related to each other, and thus the above victim's statement and its contents are alternatively consistent.

(Public Trial Records 47 pages) On June 10, 2015, the following day of the instant case, the victim received medical treatment and treatment from the M Hospital under the left-hand slots, the examination and treatment on the left-hand slots, and the medical prescription.

(Evidence Records No. 16). Therefore, we affirm the court below's finding the Defendant guilty of this part of the charges based on the evidence at the time.