상해
The prosecution of this case is dismissed.
1. The Defendant, at around 01:07, committed assault, such as 13:07, at the D parking lot located in Seongbuk-gu, Sungnam-si, Sungnam-si, that was, the victim E, a parking personnel, did not cut off and returned to the bar. In the instant charges, the Defendant committed assault, i.e., f., the victim’s visual part in front of her mother and her mother with a flab, with a flab, with a flab, with a flab, and with a flab, with a flab, with a flab for 14 days.
2. Determination
A. (1) Whether the Defendant was injured by the Defendant’s assertion
The argument is asserted.
2) In the crime of injury, injury in the meaning of injury means injury to the completeness of the body of a victim or interference with physiological functions.
In a case where there is extremely minor circumstance accompanied by a assault, and there is no assault, it is an ordinary situation or inconvenience that may occur in daily life even if there is no assault, and where there is no need for treatment and it does not interfere with natural therapy and daily life, it cannot be said that the crime of injury is injured.
In addition, whether the physical integrity of the victim was damaged or the physiological function of the victim is not objectively and uniformly determined, but rather on the basis of the victim’s age, gender, physical and mental specific condition, such as physical and mental condition (see Supreme Court Decision 2016Do15018, Nov. 25, 2016, etc.). (3) Evidence that corresponds to the fact that the defendant was injured by the victim, based on the examination of the evidence, must be determined on the basis of the victim’s age, gender, physical and mental condition (see, e.g., Supreme Court Decision 2016Do15018, Nov. 25, 201).