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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is only a unilateral assault against the victim C (hereinafter “victim”) and there is no assault against the victim.
Nevertheless, the judgment of the court below that found Defendant guilty of assault by Defendant was erroneous and adversely affected by the conclusion of the judgment.
2. Determination
A. On December 20, 2016, the Defendant: (a) around 02:40 on the facts charged of the instant case: (b) around 02:10, the Cheongsi-ro 147-o; and (c) on the street in front of each official elementary school, the Defendant, an agent of the victim and the Defendant, was driving a motor vehicle in distress, such as violating the stop line, etc.; (b) the Defendant demanded that the injured person be asked the name of the Defendant while driving the motor vehicle; and (c) the Defendant demanded that the injured person be able to ask for the name of the Defendant; and (d) the Defendant was able to two times the victim’
B. The lower court also asserted the same purport as the grounds for appeal, and the lower court consistently stated that ① the victim has been consistently and consistently from the investigative agency to the court of the lower court, to the effect that “I demanded the Defendant to name the vehicle after getting off the vehicle due to one another due to driving problems,” and thus, the Defendant has consistently stated that “I would like to ask the Defendant to name the vehicle again due to his/her elbow, so I would like to demand another name, and would like to go back to his/her elbow.” As such, there is credibility in light of the content of the statement and the degree of attitude of the statement.
(2) The victim issued a certificate of diagnosis stating that "the victim had visited the outdoor department immediately before the date of the instant case to "the victim was suffering from alone" and received medical treatment, and that "the doctor who treated the victim at the time suffered from salt, tensions, levers, and levers levers". The victim suffered from the injury part of the victim.
The first medical person is in close vicinity to the time of the occurrence of the instant case and there are no circumstances to suspect the credibility in the process of the issuance of the said medical certificate.