상해
Defendant shall be punished by a fine of 300,000 won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
On August 30, 2015, the Defendant committed assault against the victim, such as spatherbling and spheringinging the victim’s bat by hand, on the ground that in the process of opening the sales slips from the victim E (57 years old) who is an employee of the above gas station in Gangseo-gu Busan Metropolitan City, the Defendant was influenced by the victim, on August 30, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E, and part of witness F, legal statement of witness E;
1. A complaint;
1. Application of the Acts and subordinate statutes to capture CCTV images at the site of the case;
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment
1. The summary of this part of the facts charged was the date, time, place, etc. of the facts constituting the crime, and as mentioned above, the Defendant placed in E a hole of 14-day medical treatment, and any other scambling damage, stuffing, and strawing injury.
2. Determination
A. Under the Criminal Act, an injury means a damage to the completeness of the body of a victim or a harm to the physiological function of the victim, and as such, an injury that does not interfere with daily life and is naturally cured by the passage of days, thereby undermining the completeness of the body or undermining the health condition of the victim.
If it is difficult to see that it constitutes an injury under the Criminal Act (see, e.g., Supreme Court Decision 2006Do8035, Feb. 22, 2007). B. According to each evidence duly adopted and investigated by this court in light of the aforementioned legal doctrine, E visited the G Jeong-type Department on Sept. 1, 2015, and visited the column of “Clinical presumption” as the main disease, it is recognized that E was issued a medical certificate of injury stating “14 days from the date of diagnosis” in the column of “abreging, stuffing, inspection,” and injury.