Whether the recognition of the crime of injury without the judgment of the injured party is legitimate (negative)

The establishment of the crime of injury requires the result of the intentional act of injury and the causal relation. As such, such act and the degree of the injury resulting therefrom must be clearly determined by evidence, and the recognition of the crime of injury without the judgment of the injured party is unlawful.

Article 257(1) of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Defendant

Gwangju District Court Decision 92No1444 delivered on February 12, 1993

The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

We examine the grounds of appeal.

1. According to the records, around 12:50 on Apr. 1, 1992, the charge against the defendant was committed by assaulting the victim, such as breathing his fat and sculing fat, etc., and causing injury to the victim, and the first instance court recognized the charge as it was, and the lower court rejected the defendant's appeal that there was no injury to the victim, and dismissed the defendant's appeal.

2. However, the establishment of the crime of injury requires the result of the intentional act of injury and the causal relation arising therefrom. As such, in the case of the crime of injury, such act and the part and degree of the injury resulting therefrom must be clearly determined by evidence, and the recognition of the crime of injury without the judgment of the injured party is unlawful (see Supreme Court Decision 82Do2588 delivered on December 28, 1982).

3. However, the judgment of the court of first instance maintained by the court below is only recognized as having inflicted an injury on the victim’s days of treatment, and there is no way to find out which part of the victim’s body was injured.

4. In addition, according to the records, it is not necessary to diagnose the victim's injury, but to examine whether the victim's or witness's wing part was a sawr country at the police station, and there was no trace of locked. If the injury cited by the facts charged or by the court below refers to this, the court below should also examine whether this constitutes the injury caused by impairing the completeness of the victim's body or impeding the function of the victim.

5. The judgment of the court below is erroneous in the misapprehension of the legal principles as to the crime of injury, which affected the conclusion of the deliberation, and the grounds for appeal are with merit.

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Final Young-young (Presiding Justice)