The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor in the gist of the grounds for appeal, even though it can be sufficiently recognized that the victim suffered bodily integrity or a bad condition has been damaged, the lower court acquitted the part of the facts charged in the instant case as to the injury, or erred by misapprehending the legal principles on injury, thereby adversely affecting the conclusion of the judgment.

In addition, even though the victim expressed his intention not to punish the defendant under the premise of the smooth agreement with the defendant in an investigative agency, and the court below also tried to punish the defendant strongly, the court below which sentenced the dismissal of prosecution on the ancillary facts, erred by misunderstanding the facts and affected the conclusion of the judgment.

2. Determination

A. On April 6, 2013, the summary of the facts charged is as follows: (a) the Defendant: (b) around 19:00 on the way in front of “Ecafeteria” operated by the victim D (the age of 43) located in Gwangju Northern-gu; (c) on the ground that the said victim did not calculate the value of food and does not want to do so; (d) on the ground that the said victim’s body was pushed ahead of the Defendant’s body, and went beyond the body of the said victim’s body, and thereby, damaged the victim’s body. (b) In the crime of injury, the degree of injury in the process of assault means that the physical integrity of the victim was damaged or inflicted a physiological function; (d) so, even if the body level of the body of the victim was around time in daily life, so it does not need to be treated separately; and (e) if it is difficult to view that the above victim’s physical condition was harmed or changed completely its health condition was damaged, it does not constitute an injury (see, e.g., Supreme Court Decision 2006Do1365.