폭행
The prosecutor's appeal is dismissed.
1. The Defendant’s act, as stated in the summary of the grounds of appeal, is not an act of self-defense but an act of attacking the victim during mutual body fighting, and is not a legitimate act.
Nevertheless, the court below judged that the defendant's above act was a justifiable act and sentenced not guilty. In so determining, the court below erred by misapprehending the legal principles.
2. Determination
A. The court below held that the defendant's act is not unlawful as it is reasonable to the extent permitted by social norms, in light of the situation at the time, such as the defendant's act was committed, the circumstances such as the defendant's act was committed, the defendant's act was committed, the defendant's purpose, means, and intention, and other various circumstances, such as the defendant's circumstance, the defendant's act was committed, and the defendant's act was not unlawful, in light of the situation at the time when the victim took clothes of the defendant's defendant and led the defendant's rear part of the defendant's vehicle, and led the victim again to lead the defendant's apartment entrance after taking the clothes of the defendant
B. According to the evidence duly admitted and examined by the court below, when the defendant led the victim more than 10 meters, the defendant tried to resist the victim's exercise of force, and the above act was deemed to have been committed. In addition, it is difficult to evaluate the defendant's act as an active attack against the victim, such as the defendant's failure to immediately attack the victim after immediately leaving the defendant.
Examining the above circumstances in light of the reasoning of the court below, we affirm the judgment of the court below that the defendant's act was not illegal as it is reasonable to the extent permitted by social norms. The court below did not err by misapprehending the legal principles that point out by the prosecutor.
3. Conclusion.