The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The injury suffered by a misunderstanding of fact is minor to the extent that it does not interfere with daily life, and the above victim did not receive special treatment.

Therefore, even though this does not constitute “injury” required in the crime of injury, the court below found the defendant guilty of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (four months of imprisonment) is too unreasonable.

2. Determination

(a) Determination of the assertion of misunderstanding of facts 1) The injury of an injury means impairing the completeness of the body of the victim 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, 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 rather be determined on the basis of the victim's age, gender, physical and mental specific condition, such as physical and mental condition (see Supreme Court Decision 2016Do15018, Nov. 25, 2016, etc.). According to evidence, the victim was issued a written diagnosis at the hospital immediately following the day of the instant case. According to the evidence, the above written diagnosis was issued by the victim. The above written diagnosis was “it may be considered at the time of absence of symptoms” in the column of expected treatment period, “14 days” in the column of expected treatment period, “Preservation treatment (pharmacologic treatment, medication treatment),” and “an assault is deemed to require observation after the occurrence of illness,” and the details and details of the diagnosis in this case.