폭행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) is that the Defendant’s act of assault was committed by the victim D, the victim E, and the Defendant’s act of assault, as a whole, has the nature of the act of attack as well as the act of attack. Therefore, it is reasonable to
In addition, the defendant's act of keeping the victim D or leaving the victim E face by drinking is beyond the extent necessary to prevent the victims from being free from coming. Thus, it cannot be viewed as a legitimate act as a legitimate act, which is reasonable to be permitted by social norms and self-defense.
2. Examining the evidence duly adopted and examined by the court below, and in particular, D, E, etc., an employee of “C” store continued to prevent the defendant from driving the vehicle in order to leave the vehicle, and in particular, E, more than 20 times and more than 20 years old compared to the defendant, and most unilaterally assault and assault the defendant to inflict bodily injury on the victim, etc., the court below's finding the defendant not guilty of the facts charged on the grounds as stated in its reasoning is sufficiently acceptable, and there is no error of law by mistake of facts or misapprehension of legal principles as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.