The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles that the defendant abused the victim, but the victim was not specially treated or did not submit a medical certificate of injury. The defendant's intention to commit the crime of injury was improper to include the matters not included in the reasons for appeal in the appellate court, but there is reason for appeal as argued in the statement.

It cannot be seen (see Supreme Court Decision 98Do1234, Sept. 22, 1998). However, in this case, although the defendant presented a written reason for appeal and expressed that he had a dispute over unfair sentencing and mental or physical disorder, the defendant stated "the degree of injury without diagnosis of the victim" in the detailed reason for appeal, and in the court, there is a misapprehension of the legal principle as to injury.

B. The Defendant was in a state of mental and physical loss or mental weakness due to drinking at the time of committing the instant crime.

(c)

The punishment of the court below (eight months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, injury in the crime of injury means injury to the completeness or physiological function of the victim.

In a case where there is a very minor circumstance accompanied by a assault and thus there is no need for treatment, and thus there is no obstacle in natural therapy and daily life, it does not constitute the injury of the crime of injury. However, this is premised on the fact that the above degree of injury is the same as the wound that can normally occur in the daily life even if there is no assault, so if the above degree of injury is caused by the assault, it shall be deemed that the injury is caused by the assault. Whether the physical integrity of the victim is damaged or the physiological function is hindered is not objectively and uniformly determined, but rather, the physical and mental concrete condition such as the victim's age, gender, physical strength, etc.