The prosecutor's appeal is dismissed.

1. According to the evidence duly admitted and examined by the court below, the facts charged in this case can be fully recognized, and the defendant's act is not merely a defense but based on an aggressive intent, and it does not constitute self-defense or legitimate act.

Nevertheless, the judgment of the court below which acquitted the defendant on the premise that the defendant's intention of injury is not recognized is erroneous in mistake or misapprehension of legal principle.

2. Determination

가. 이 사건 공소사실 피고인은 2013. 3. 16. 20:20경 강릉시 금학동 국민은행 앞 도로상에서 우연히 만난 피해자 C(43세)가 예전에 함께 근무할 때 기분 나빴다는 이유로 욕을 하며 우측 손으로 피고인의 멱살을 잡아 흔들고 벽에 밀치자 이에 대항하여 피해자의 멱살을 잡아 흔들며 우측 엄지손가락을 비틀어 피해자에게 약6주간의 우측 무지 근위지골 견열 골절상을 가하였다.

B. As to the judgment of the court below, the court below found the defendant not guilty on the ground that it is difficult to recognize that the defendant's act committed an act in order to escape from the victim's breath with the intent of bodily injury and the victim's fingers, in light of the circumstances at the time of the case, including the fact that the victim was aware that the victim was spathing the victim's arms in order to let the victim spathize the defendant's arm's length, and that the victim was spath in the process, but the victim was spathing the victim's arms in order to unspath.

C. Compared with the above fact-finding and judgment of the court below, a thorough examination is conducted on the records and family affairs.