Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On April 1, 2014, at around 07:00, the Defendant expressed that the victim E (the 52-year-old age) with mental retardation 3 in the Korea-style livestock shed in the Chungcheongnam-gun of Chungcheongnam-do shall not work properly. On the ground that the victim E (the 52-year-old age) was not in a proper manner, the Defendant she saw the victim's neck by two descendants. On the other hand, the Defendant saw the victim's left side bucks of the victim, walking up twice the bucks of the victim, and caused the victim's failure of treatment days.

Summary of Evidence

1. Partial statement of the defendant (the purport that the fact of violence is recognized);

1. Each legal statement of witness E and F;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Copy of E certificate of disabled person;

1. Application of Acts and subordinate statutes concerning Ethical images;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the defense counsel's assertion of provisional payment order under Article 334 (1) of the Criminal Procedure Act, the defense counsel acknowledged that the act recorded in the facts charged was committed by the victim, but the victim did not have any injury, and the inspection of the parts of the buckbucks, which was caused by the accident that occurred later, and acquitted the victim.

However, we cannot accept the defense counsel's assertion for the following reasons.

The term “injury” refers to a change in a victim’s physical health condition to a poor condition, and the occurrence of a disability in his/her life function. If the injured person’s wife is extremely insignificant and does not need to receive treatment, and there is no difficulty in daily life even without receiving treatment, and if the injured person’s body and health condition was naturally changed due to the passage of the time, the injured person’s physical health condition was changed to a bad condition.

It is difficult to deem that such act has caused an impediment to the function of life or life.

(see, e.g., Supreme Court Decision 2004Do483, Mar. 11, 2004). In addition, a victim’s health condition is changed to a bad condition, and a victim’s life function is hindered.