폭행치상
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) the Defendant, on a food basis, had a victim’s left shoulder on the part of his own shoulder and had a victim’s left shoulder on the part of his arms; and (b) thus, the lower court acquitted the Defendant of the facts charged in this case even if the Defendant was found guilty of the Defendant’s intentional act of assault, thereby adversely affecting the conclusion of
2. As acknowledged by the evidence duly admitted and examined by the court below, the video image taken by the president of C Cooperation Group to which the defendant belongs and union members to which the injured party belongs had each other, left their body balance by having the victim get out of their body and used them to the defendant, and the defendant seems to have caused the victim by putting the victim's left body on the part of his/her upper body and putting the victim's left body on the part of his/her upper body, even after examining all the evidence submitted by the prosecutor, there was an intentional act of assault in the course of assaulting the victim's left shoulder and cutting the victim's left body with his/her upper body.
There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
Even if the defendant's intention of assault is recognized, as long as the victim first tried to lose the balance of body with the defendant's permission and use it to the defendant, the defendant's act to defend it constitutes a legitimate defense or a legitimate act, and thus the illegality is excluded.
Therefore, the conclusion of the court below that acquitted the Defendant of the facts charged of this case is just, and it is not erroneous in the misapprehension of facts alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.