The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The victim I suffered injury that requires two weeks' medical treatment to the extent of small amount of damages.

It is difficult to deem that such an injury is not likely to interfere with daily life, and thus, has suffered an injury under the Criminal Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine on injury under the Criminal Act, which found the Defendant guilty of special injury to the victim I.

The punishment sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

Judgment

The injury of the crime of injury to the misapprehension of the legal principle is that it damages the completeness of the victim's body or interferes with physiological functions.

In a case where there is a very minor circumstance accompanied by a assault and thus there is no need for treatment, and thus there is no obstacle in natural therapy and daily life, it does not constitute the injury of the crime of injury. However, this is premised on the same degree as the wound that can normally occur in the daily life even if there is no assault. Therefore, if there is a crime of assault, the injury should be caused by the assault. Whether the physical integrity of the victim is damaged or the physiological function is hindered should not be objectively and uniformly determined, but should be determined on the basis of the victim’s age, gender, physical and mental specific conditions, such as physical and mental condition, etc.

(See Supreme Court Decision 2007Do9794 Decided November 13, 2008, etc.). Based on the foregoing legal doctrine, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court based on the aforementioned legal doctrine, namely, the Defendant’s disease, which is a product dangerous at the “H” alcohol house located in Bupyeongcheon-gu, Seocheon-gu, Seocheon-gu, Seoul, is the victim’s husband’s head head head, and the victim’s I’s right hand, etc., who was sealed by the head’s head to prevent this.