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(영문) 광주지방법원 해남지원 2017.09.07 2016고정144
상해
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is Cump truck article, and the victim D is a dump truck article, and the victim D works together in F with the general secretary of E of the limited company E.

The Defendant, at around 11:00 on July 19, 2016, committed a dispute with the Defendant’s Hamba I Hamba in the company EF located in the Namnam Navy G, EF, the Defendant, while continuing to dispute with the Defendant, “A victim is suffering from why he did not work during working hours.”

He/she shall hear the words "," and inquire about the meaning of "n't,"

“In doing so, “the left side of the drinking is to display the victim’s left side, and the victim’s left side is pushed down on the Defendant’s left side, and the victim’s left side was placed at one time, and the victim’s two-day medical treatment was required.”

2. The portion not guilty (the point of injury);

A. In the crime of injury, the term “injury” means impairing the completeness of a victim’s body or impeding physiological functions (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 2000). In a case where the upper part of the body accompanied by the assault is extremely minor and thus there is no assault, and thus, it cannot be said that the injury constitutes an injury to the victim in a case where it is naturally cured and does not interfere with daily life without need for treatment.

In addition, whether the victim’s physical integrity or physiological function is harmed should not be objectively and uniformly determined, but rather be determined based on the victim’s age, gender, physical and mental specific condition, such as physical and mental condition (see, e.g., Supreme Court Decisions 9Do4305, Feb. 25, 2000; 2005Do1039, May 26, 2005). (B) In light of the above legal principles as seen earlier, the evidence submitted by the prosecutor alone beyond causing some inconvenience to the victim’s life due to the wife suffered by the instant case.

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