The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles, the Defendant’s misunderstanding of facts and misunderstanding of the law that the victim’s neck was flicked with the victim, but the victim did not suffer injury.

However, the court below found the defendant guilty of the facts charged of this case. The court below erred in the misapprehension of legal principles as to mistake of facts and injury.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On July 27, 2016, the Defendant of the instant facts charged: (a) around 02:30 on July 27, 2016, to the victim F (53 tax) who is a taxi engineer demanding to change taxi expenses in front of the ebudio, the Defendant’s residence located in Asan-si, the Defendant’s residence; and (b) whether the Defendant would not face the ebscule or face the money.

“Absentd by hand while putting a bath;

The injury was inflicted on the left-hand part of the victim who was displayed on the part of the damaged person's pentle and the victim could not know the number of days of treatment.

(b) Determination 1) The injury of an injury means impairing the completeness of the body of the victim or impairing physiological functions;

Even if there is extremely low fluent body accompanied by violence, it is an ordinary circumstance or inconvenience that can occur in daily life even if there is no assault, and it cannot be said that the crime of injury is injured if there is no need for treatment, and it does not interfere with natural therapy and daily life.

In addition, whether the victim’s physical integrity or physiological function is harmed should not be objectively and uniformly determined, but should be determined based on the victim’s age, gender, physical and mental specific condition, such as physical and mental condition (see Supreme Court Decisions 9Do4305, Feb. 25, 2000; 2005Do1039, May 26, 2005, etc.).

The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below and the court below. 1.