상해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. Although the Defendant did not inflict an injury on the victim as stated in the judgment of the court below, the court below found the Defendant guilty of the facts charged in this case. The court below erred in misunderstanding of facts.
B. The lower court’s sentencing is too unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is between the Defendant and the victim B (the age of 27).
At around 22:20 on September 19, 2017, the Defendant: (a) pushed the victim over his house on the ground that the victim does not purchase a new mobile phone at the house of the Defendant located in Mayang-si C apartment D, and (b) took the face of the face and chest with his hand, and (c) took the face with approximately two weeks of the face, the Defendant was sprinked with a sphere, etc. of a sphere, which requires two weeks of treatment.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the adopted evidence.
C. In the crime of injury to a party’s judgment, the crime of injury refers to the injury of the victim’s completeness or physiological function. Thus, since the degree of the situation is so minor that it can occur during his daily life, it is not necessary to treat the victim separately, and it is difficult to deem that the above situation harms the completeness of the body or changes the health condition due to the above circumstance, the crime of injury is not established.
(2) In light of the aforementioned legal principles, the judgment of the court below is justifiable. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.
In particular, it depends on the subjective appeal of the victim that the injury diagnosis report mainly has paind.