The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles and injury inflicted by a victim is extremely minor and naturally cured even if there is no special treatment, and thus does not constitute injury to the crime of injury.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case including the fact that the illegal defendant committed the instant crime contingently, the punishment of a fine of KRW 5 million imposed by the court below against the defendant is too unreasonable.

2. Determination

A. In the crime of misunderstanding of facts and misapprehension of legal principles, injury as prescribed in the crime of injury to the victim's health is that the victim's health condition is changed to a bad condition, and that the victim's life function is disabled. If the injured party's body is extremely minor and the injured party's body does not need treatment, and the injured party's daily life can be naturally cured upon the lapse of the time, it cannot be deemed that the injured party's health condition was changed to a bad condition or that the injured party's life function was hindered. Thus, it cannot be viewed as injury to the above crime because it is difficult to view that the injured party's health condition was changed to a bad condition or that the injured party's life function was hindered. However, the judgment of the court below should be based on the victim's age, gender, physical and mental condition, and the body and mental condition of the injured party's body should be determined based on the evidence duly adopted by the Gangdong-gu University and the court below (see, e.g., Supreme Court Decisions 2003Do4606, Sept. 26, 2005).