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The judgment below is reversed, and the case is remanded to Busan District Court.
Reasons
The grounds of appeal are examined.
1. In a criminal case, the written diagnosis of an injury may be the sufficient evidence to prove the criminal facts of the defendant together with the statement of the victim;
(see, e.g., Supreme Court Decision 2010Do12728, Jan. 27, 2011). However, inasmuch as the existence of an injury and the causal relationship can be acknowledged when it is proven to the extent that there is no reasonable doubt, the existence of the injury and the causal relationship ought to be proven. Therefore, when there are circumstances to suspect the objectivity and credibility of the injury diagnosis report, the relevant
In particular, when issued only medical possibility based on the victim's subjective appeal, etc. where the death diagnosis certificate has mainly pain, the date and time of the diagnosis shall be close to the time and time of the injury, and there is no reason to doubt the credibility of the medical certificate; whether the part and degree of the injury stated in the injury diagnosis certificate are consistent with the cause and circumstance of the injury alleged by the victim; whether the inconvenience of the victim complaining for the injury occurred due to a new cause unrelated to the body or circumstance alleged by the victim can be readily concluded; and the doctor should determine its probative value in accordance with logical and empirical rules by closely examining the time when the victim received the medical treatment after the injury in question; the motive and circumstance of receiving the medical treatment after the injury; and the progress of the medical treatment after the injury.
On the other hand, the injury of the victim means impairing the completeness of the victim's body or impairing physiological functions.
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 and it does not interfere with natural therapy and daily life, it cannot be said that the crime of injury is injured.
In addition, the completeness of the victim is damaged or the physiological function is hindered.