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The prosecution of this case is dismissed.
Reasons
Part of innocence (Infliction of Injury)
1. On January 11, 2018, the summary of the facts charged is that the Defendant was sentenced to a suspended sentence of ten months with prison labor for special injury at the Seoul Central District Court on October 19, 2018, and the judgment became final and conclusive on January 19, 2018, and is now in the period of suspended execution, and the victim B (the victim 32 years old) and the seven years old. On April 18, 2018, the Defendant was in the front of Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government C, where the victim suspended the physical card that the victim would use for the Defendant. On the ground that around 05:40 on April 18, 2018, the Defendant was pushed the victim, salbling the head, salbling the victim into the victim’s house near the above place, and salbling the victim into the victim’s neck, and salbling the victim’s son and salbling the victim into the victim’s k.
2. The defendant and defense counsel asserted that the defendant and defense counsel had assaulted the victim at the time, date, and place stated in the facts charged, but such assault did not cause injury to the victim.
The argument is asserted.
3. Determination
(a)an injury in the crime of injury means impairing the completeness of the body of the victim or impairing physiological functions;
In addition, in a criminal case where there is extremely minor address accompanied by a assault, and there is no assault, it is extremely minor that the situation or inconvenience that may normally occur during daily life, and where there is no need for treatment, and there is no obstacle in natural therapy and daily life without any need for treatment, it cannot be said that the crime of injury is injured (see Supreme Court Decision 99Do4305, Feb. 25, 200, etc.). In addition, in a criminal case, the diagnosis of injury may serve as a serious evidence proving the criminal facts of the defendant along with the statement of the victim, but the existence and existence of the fact of injury.