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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding victim C consistently makes a statement at an investigative agency and a court without any increase or decrease in the part unfavorable to himself/herself. Thus, the witness E has credibility since there is no special reason to make a statement unfavorable to the defendant only, and the witness E has credibility. In this case, considering that D’s statement was made in the process of speaking the victim and D fighting between the victim and D, it can be sufficiently recognized in light of the fact that D’s statement was not reliable, but the court below acquitted the victim of the facts charged in this case on a different premise. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. In light of the legal principles, the defendant's act cannot be viewed as passive defensive act in light of the fact that the defendant's act was defective, such as taking the defendant's arms first against it, and the victim abusedd the defendant by setting up against it, and the victim suffered injury requiring approximately two weeks medical treatment due to the defendant's act, but the court below judged the defendant's act not guilty of the facts charged of this case by deeming that the defendant's act constitutes legitimate defense or legitimate act even though the victim suffered injury due to the defendant's act constitutes legitimate defense. The court below erred by misapprehending the legal principles as to
2. Determination
A. The summary of the facts charged in the instant case is as follows: (a) around 21:00 on December 3, 2013, the Defendant: (b) deemed the victim C to be in a tri-type food factory located in Daegu-gun-si, Daegu-si, Daegu-gu, 54-7, 54-7, a central area of Yanpo-si, and controlled the victim’s vision D; and (c) the victim’s breath with the victim’s breath, and attached it to the wall; and (d) at the same time, the victim C’s breath with the breath’s breath, and the victim’