The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

1. Summary of grounds for appeal;

A. Although the fullness of the victim's body was damaged, the judgment of the court below which acquitted the defendant about the crime of injury is erroneous in the misapprehension of facts.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months, and one year of suspended execution) is deemed to be too uncomfortable and unfair.

2. Judgment on the assertion of mistake of facts

A. On August 26, 2017, around 03:45, the Defendant and the summary of this part of the facts charged carried out physical fighting with the victim, on the front side of the “D” located in Seongdong-gu Seoul Metropolitan Government, on the ground that he considered it with the victim A (45 years old), and on the ground that he considered it with the victim A (45 years old).

As a result, the Defendant inflicted an injury on the number of days of treatment, such as the victim's mae with red perma, knee-knee-knee-knee-knee-knee-knee-knee-kne.

B. The judgment of the court below held that the plaintiff suffered a hole or fruit, which caused damage to the completeness or physiological function of the victim's body.

On the grounds that it cannot be seen, the above facts charged were acquitted.

(c)

1) The injury of an injury means that the injury of a victim causes the injury of the completeness or physiological function of the victim.

In a case where there is extremely minor circumstance accompanied by a assault, and there is no assault, it is an ordinary situation or inconvenience that may occur in daily life even if there is no assault, and where there is no need for treatment, it is naturally cured and there is no hindrance in daily life, it cannot be said that the crime of injury is injured.

In addition, whether the victim’s physical integrity or physiological function is harmed should not be objectively and uniformly determined, but should be determined based on the victim’s age, gender, physical and mental specific condition, such as physical and mental condition (Supreme Court Decision 2016Do15018 Decided November 25, 2016). 2) The evidence duly adopted and examined by the court below is comprehensively taken into account the evidence duly adopted and examined by the defendant.