Whether the recognition of the crime of injury, which was not determined by the injury injury, is legitimate (negative)

The establishment of the crime of bodily injury requires the result of the act detrimental to the intention of the injury and the completeness of the body, and the result of the causal relation. Therefore, in the crime of bodily injury, the act detrimental to the completeness of the body and the part and degree of the injury resulting therefrom should be clearly determined by evidence, and the recognition of the crime of bodily injury without the judgment of the injured part is illegal

Article 257 of the Criminal Act

Defendant

Defendant

Attorney Kim Jong-soo

Seoul Criminal Court Decision 82No2643 delivered on September 30, 1982

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

We examine the grounds of appeal.

1. According to the reasoning of the judgment of the court of first instance cited by the court below, the court below acknowledged the fact that the defendant collected the macro evidence and caused the injury to the non-indicted 2, who was in need of medical treatment for about 14 days on July 14, 1981 by making two parts of the body of the company's office in Seongdong-gu Seoul Metropolitan Government, which was the representative director of the non-indicted 1 corporation located in Seoyangdong-gu, Seoul Metropolitan Government, and the head of the company's office in question, as the non-indicted 2 retired from office on July 14, 1981.

2. However, according to the records, the defendant denies the assault by consistently denying the assault by the judicial police officer from the first interrogation to the court of the original trial, and as the defendant 2 took ice scam while ice scam and ice scambling the defendant's scam, there is a change in that he was only scambling the defendant's chest, and the witness scambling, the witness scambling, the witness scam of the first instance court, and the scambling, etc. who scams scambling the defendant's chest and scam, who had scambling the defendant's chest and scambling, and there is no other evidence to acknowledge the facts of the defendant's assault. This fact is that the non-indicted 2's statement consistent with the facts at the time of the first instance court's trial is because the non-indicted 2 was the person who was the person who was the victim of his breast.

3. The establishment of the crime of injury must result in the act that inflicts bodily integrity and the act that inflicts bodily injury upon the intent of the injury and the act that inflicts bodily injury and the injury with a causal link. Thus, in the crime of injury, the act that inflicts bodily integrity and the part and degree of the injury caused thereby must be clearly confirmed by evidence. However, the judgment of the court of first instance cited by the court below is only stated in the judgment that there was an injury requiring medical treatment for about 14 days as stated above, and it is also stated in the written diagnosis of injury in the preparation of doctor Kim Jong-ho, who expressed that it is consistent with the part and degree of the injury as stated in the judgment, as evidence consistent with the part and degree of the injury in the judgment. "In the case of the judgment of the court of first instance, there was an accident on the part of the upper part of the ordinary part and the chest injury and there is a shock through the light pressure, and there is a scarbing of the chest in the left part, and there is no way to see which part of the defendant's body was caused by any act.

4. Ultimately, the court below did not provide the grounds for misunderstanding the legal principles of the crime of injury and failing to exhaust all necessary deliberations, and did not reverse the judgment by misunderstanding the facts against the rules of evidence, and thus, the appeal is justified, and the judgment of the court below is reversed to make a new trial and determination, and the case is remanded to the Panel Division of the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)