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(영문) 전주지방법원 2018.07.06 2018노623
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles and the injury inflicted by victim E does not constitute an injury under the Criminal Act, as it does not interfere with daily life even if the injured party E does not receive minor treatment, and is naturally able to recover.

Nevertheless, the court below erred by misapprehending the facts and legal principles.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. (1) In regard to the assertion of misunderstanding of facts and legal principles, the injury of the crime of injury means impairing the completeness of the body of the victim or impairing physiological functions.

It is extremely minor that there is no need for treatment because it is accompanied by violence, and therefore there is no obstacle to natural healing and daily life, the injury does not constitute the injury of the crime of injury.

In light of the above legal principles, since this is based on the premise that there is no assault, it would be the same level as the wound that would normally occur during the daily life, it would be injury if a wound beyond such degree is caused by an assault (see Supreme Court Decision 2007Do9794, Nov. 13, 2008, etc.). (2) The following facts acknowledged by the evidence duly adopted and duly examined by the court below are as follows: (i) the defendant was under the influence of alcohol and was under the influence of alcohol to the victims, and the victim was under the victim E's hand, etc., and the victim was under the influence of alcohol, and the victim was under the emergency treatment of 119, it is reasonable to view that the complete physical nature of the victim E was damaged, even if the victim was not issued a diagnosis certificate, and the victim was under the influence of disinfection at the hospital, and after the victim was under the influence of disinfection.

However, the degree of the injured party E's daily life is not hindered and natural therapy is possible within a short period.

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