The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, misunderstanding the facts, is the fact that Masan, which was cited in Maman-do, brought the victim's et al. one time, but there is no fact that the victim's fingers were fluored with left hand, and the injury, such as a shoulder, a tension, etc., which requires approximately two weeks medical treatment that the victim suffered, is not caused by the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of the lower court (2,00,000 won) that is unfair in sentencing is excessively unreasonable.

2. Determination

A. In a case where the victim of the crime of injury by mistake of fact generally grasps the cause of the injury based on the victim's statement, the victim's injury diagnosis report includes the part and degree of the injury that was observed and decided by using medical expertise, and it is insufficient to directly prove the fact that the injury as stated above was caused by the Defendant's criminal act. However, in a case where the date and time of the diagnosis of the injury are close to the time and the time of the issuance of the injury diagnosis report, there are no circumstances to doubt the credibility of the victim's injury, and where the victim's injury part and degree coincides with the cause or circumstance of the injury alleged by the victim, unless there are special circumstances such as where the victim discovered the circumstance of causing the injury differently from the third party's injury or where it was revealed that the victim prepared a false diagnosis report, the injury diagnosis report is serious evidence of the defendant's injury along with the victim's statement, and its probative value without reasonable grounds (see, e.g., Supreme Court Decision 201Do1278, Jan. 27, 201).