The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of legal principles) and the evidence submitted by the Prosecutor, the Defendant’s act of causing bodily injury to the victim does not constitute self-defense, and thus, the Defendant should be found guilty of the facts charged.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
A. On March 1, 2013, the Defendant: (a) around 02:15, the Defendant: (b) made the victim B, who was a subsequent jury in front of the H restaurant located in G, face with the victim’s head head at the bottom of the victim’s knife in the process of cutting the victim’s knife in a knife and cutting the victim’s head to the bottom; and (c) continued to take the knife the victim’s head at a time when the victim’s head head head is unable to know the number of days; and (d) continued to take the victim’s head at a time when the victim’s head head
B. With respect to the facts charged that the Defendant got the victim informed, the evidence submitted by the prosecutor alone is insufficient to find the Defendant guilty of this part of the facts charged, considering the fact that there is no content that the Defendant got the victim informed of the fact that the police protocol against the victim B did not obstruct the victim.
다음으로 피고인이 피해자가 휘두르는 칼의 칼날을 붙잡고 칼을 뺏으려는 과정에서 물리력을 행사하여 피해자를 넘어뜨린 행위는 피해자가 ‘저는 (식칼의) 손잡이를 잡고, 피고인은 칼날을 잡아 뺏으려는 과정에서 제가 넘어졌고, 넘어지면서 공원의 경계석 부분에 머리 부분을 박아 상처가 났다’거나, ‘제가 칼을 뺏기지 않으려 버티는 과정에서 경계석 부분에 넘어져 머리에 상처가 났다’거나, ‘피고인이 제가 들고 있던 칼을 뺏으려고 했고, 저는 안 뺏기려고 하다가 서로 뒹굴다가 째진 것 같다’고 진술한 점, 당시는 새벽 2시가 넘은 야간이었고, 사건...