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(영문) 대구지방법원 2017.07.07 2017고정172

상해

Text

The prosecution of this case is dismissed.

Reasons

1. On July 9, 2016, at around 07:00, the Defendant found that the Defendant was working without any employee and the president of the victim E (59 years of age) who was working for the Defendant in the instant case at around 07:0, stating that the Defendant was unable to manage the Defendant’s clothes by leaving the company without any permission, and found that the Defendant was playing without any work, and that “the Defendant was going to pay 200,000 won of money between the Defendant”. However, the Defendant stated that the Defendant stated that “the Defendant was “fashed by giving 20,000 won of money,” and that he did not borrow money, as the Defendant stated that he was fashed one time in the front of the Defendant’s entrance, she took part in the Defendant’s clothes with his hand, took part in the Defendant’s clothes, and she took part in the Defendant’s chest with his chest’s chest’s chest’s chest’s care against it.

2. The portion not guilty (the point of injury);

A. In the crime of inflicting bodily injury on the relevant legal doctrine, the term “injury” means impairing the completeness of a victim’s body or impeding physiological functions (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 2000). Therefore, in a case where the injured party’s wife is insignificantly and without need for treatment, and where there is no impediment in natural treatment and daily life without any difficulty, the injured party’s physical condition was changed to the injured party’s health condition and the injured party’s life function was hindered.

In a case where it is difficult to see it, it cannot be deemed as an injury as prescribed by Article 257(1) of the Criminal Act. Whether a health condition is changed to a bad condition and has caused an impediment to the function of life should not be determined objectively and uniformly, but be determined on the basis of the victim’s physical and mental specific condition, such as the victim’s age, gender, physical strength, etc., and physical and mental condition (see Supreme Court Decision 2016Do15018, Nov. 25, 2016, etc.).