상해
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the Defendant’s act cannot be deemed a legitimate act or self-defense, since the Defendant exercised an excessive violence against the victim beyond the degree of defense, even though the victim was not in a state of direct infringement against his or her own mother.
Therefore, the judgment of the court below which acquitted the charged facts is erroneous in misconception of facts or misapprehension of legal principles.
2. The summary of the facts charged is around 14:00 on June 14, 2012, the Defendant: (a) took one another’s body against the victim A’s assault in a FHS area operated by the Defendant located in Suwon-gu, Busan; (b) took the body of the victim against his/her assault; (c) tightly cutting off the victim’s body; and (d) divided the body into a b1st century, thereby causing injury to the victim, such as the b1-day drilling and scroke, etc.
3. In full view of the evidence duly adopted and examined by the court below, the following facts are as follows: ① When the victim spits spits the new wall on June 14, 2012 together with his woman-friendly Gu, the victim spits it into the above FFH parking lot on the ground that the defendant spits spits the new wall, spits it into a witness, and spit spits it " spit spit spit spit spit spit spit spit spit spit spit spit spite" on the following day: ② the victim spit sat around 14:00, the victim sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sats of the victim.