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The judgment of the court below is reversed.
The prosecution of this case is dismissed.
Reasons
1. The summary of the grounds for appeal does not reveal any fact when the victim was committed, and even if there was a physical contact between the Defendant and the victim.
Even if this was caused in the process of opposing the other party’s dubage and dubage, it was not intentional as to the injury of the face, and as to the act of causing the injury of the ship or chest, the result of the injury (damage of physiological function) did not occur, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. Determination
(a)an injury in the crime of injury means impairing the completeness of the body of the victim or impairing physiological functions;
Even if there is extremely low fluent body accompanied by violence, it is an ordinary circumstance or inconvenience that can occur in daily life even if there is no assault, and it cannot be said that the crime of injury is injured if there is no need for treatment, and it does not interfere with natural therapy and daily life.
In addition, whether the victim’s physical integrity or physiological function is harmed should not be objectively and uniformly determined, but rather be determined on the basis of the victim’s age, gender, physical and mental specific condition, such as physical and mental condition (see, e.g., Supreme Court Decisions 9Do4305, Feb. 25, 2000; 2005Do1039, May 26, 2005). The burden of proving the facts charged in a criminal trial lies on the prosecutor’s burden of proving the facts charged in the criminal trial, and the burden of proving the guilt ought to be based on evidence with probative value sufficient for the judge to have no reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant’s guilt, the interest of the defendant ought to be determined (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006).