The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal in light of the fact that the Defendant and E had the power to use violence against each other even before the instant case, and that the Defendant actively exercised the power to use force, and that the Defendant’s superior position suffered by E is not less than that against the other party, the lower court acquitted the Defendant on the grounds that the Defendant’s act constitutes a passive resistance and constitutes a legitimate act or a legitimate defense. Therefore, the lower court erred by misapprehending the legal doctrine on the legitimate defense or legitimate act, thereby adversely affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty on the ground that the Defendant’s act constitutes a legitimate defense under Article 21 of the Criminal Act or a legitimate act under Article 20 of the Criminal Act, as a passive resistance to defend the unfair infringement of E, based on the evidence duly admitted and investigated, and comprehensively taking account of such facts and circumstances as indicated in its reasoning.

A thorough examination of the evidence of this case in light of the records reveals that the court below's determination of innocence based on the fact finding and judgment as above is just and acceptable, and there is an error of law by misunderstanding the legal principles as pointed out by the prosecutor.

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.