Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

A. The judgment of the court below which found the defendant guilty of the crime of injury on the ground that the defendant was guilty of the injury since the victim did not actually receive medical treatment, was erroneous in the misapprehension of facts.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the lower court and the appellate court as to the assertion of fact, and the following circumstances revealed therefrom, namely, ① the victim was issued a diagnosis of injury on June 23, 2014, upon receiving treatment at the medical corporation Gangnam Hospital on June 20, 2014, which was the day following the occurrence of the instant case. As a result of the diagnosis in the above medical examination, the victim stated that “no special opinion, such as radioactive dratulation, exists, and the victim appears in the face of the heart by considering the dratical dropical pain and the dropical dropical dropical dropical dropical dropical dropical dropical dys, and the victim’s dys dysical dysical dysical dysive but is considerably limited.”

The medical examination of the above injury is written, and the opinion of the doctor on the part of the injury discovered in appearance at the time of the medical examination and treatment, and its symptoms are considerably specific, and thus it cannot be deemed that the statement of the victim was prepared merely by the victim, and otherwise, the medical examination of the above injury was prepared in a false manner.

(3) The response from the National Health Insurance Corporation to the effect that the victim received medical treatment from a hospital or received no prescription from a pharmacy was made under the name of "the chest on the left side" from June 19, 2014 to July 31, 2014, but the response was sent to the effect that the victim received medical treatment on June 20, 2014 and received no details of medical treatment. As seen earlier, the victim responded to the fact that there was no details of medical treatment even if he received medical treatment from a medical corporation Gangnam Hospital on June 20, 2014, and the name of first and second in the medical examination of the above injury is " brain-dead."