상해
The defendant is innocent.
1. On October 1, 2017, the Defendant: (a) around 07:30 on October 1, 2017, at the escape room for female security guards located in Yongsan-gu Seoul Metropolitan Government, the victim D (n, 46 years of age) who is a workplace volunteer in the front room for female security guards, used the Defendant’s militaryization and her resistance; and (b) carried the Defendant’s left chest part of the victim’s chest, where it is difficult to identify the number of days of treatment; and (c) carried out a string of the chest on the left chest of which it is difficult to identify the victim’s number of days of treatment.
2. Determination
(a) In the event that there is no need to treat the injured party as minor and the injured party is naturally cured and there is no impediment in daily life, resulting in a change in the state of physical health and a trouble in the function of daily life due to the injured party's minor treatment;
In cases where it is difficult to see it, it shall not be deemed as an injury as prescribed in Article 257 (1) of the Criminal Act.
Whether a health condition is changed to a bad condition and a disability is caused by the function of life should not be determined objectively and uniformly, but be determined based on specific physical and mental conditions, such as the victim's age, gender, physical strength, etc.
B. According to the evidence duly adopted and examined by this court, the defendant set up against the victim's violent exercise on October 1, 2017 and pushed down the victim's left chest by selling against the victim's violent exercise on October 1, 2017, and thereby, there was a little hole on the victim's left chest.
However, the following circumstances revealed by the evidence revealed as follows: ① at the time of the instant case, the victim strongly resisted the Defendant’s use of his/her own fat, rather than the Defendant’s use of his/her own fat at the time of the instant case; ② there is no evidence to acknowledge that the victim was receiving medical treatment or taking drugs at a hospital due to the above circumstances; ③ the victim worked at work on October 1, 2017 as well as on the following day; ④ the victim was accused of the victim due to insult, habitual assault, etc. < Amended by Presidential Decree No. 28270, Oct. 27, 2017>