상해
The prosecutor's appeal is dismissed.
1. The judgment of the court below which found the defendant's act as a legitimate defense and acquitted the defendant, even though the defendant's act was judged as an active attack based on retaliation appraisal, is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.
2. On the grounds indicated in its reasoning, the lower court acquitted the Defendant on the ground that the Defendant’s act, such as the instant facts charged, was an act aimed at defending the current infringement of the body of his/her body, which lacks illegality due to considerable grounds, and the instant facts charged constitute a case that does not constitute a crime.
In full view of the circumstances established by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of the legal principles or mistake of the 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. It is so decided as per Disposition.