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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the Prosecutor’s summary of the grounds for appeal, even though it may be recognized that the Defendant had inflicted bodily injury on the victim on July 27, 2018, the lower court rendered a judgment not guilty of the facts charged in this case by deeming the Defendant’s act as passive resistance. In so doing, the lower
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, around 01:20 on July 27, 2018, in the vicinity of the Seocho-gu apartment Cdong, Cheongju-si, and on the ground that the Defendant, at the Kakakao Kakao Groupping site from the victim D (Y, 42 years of age), made a dispute against the Defendant, on the ground that he would not have been able
In order to catch head debt, the victim's head debt was fleeped by the defendant's hand, and the victim was in need of medical treatment for 14 days, and the victim was in danger of influent and tension in the detailed part of the neck, and the victim was in danger of tension.
B. The lower court found the Defendant not guilty of the charges of this case on the ground that it constitutes a justifiable act under Article 20 of the Criminal Act, since the Defendant committed an assault to protect himself/herself and prevented the attack of the victim by taking account of the facts acknowledged by relevant evidence, etc., such as when the Defendant was aware of the fact that he/she was aware of the victim’s head debt in the course of assault by the victim.
C. On the other hand, the judgment of the court below is based on the facts properly explained by the court below and the evidence duly adopted and investigated by the court below. In other words, the following circumstances are as follows: ① the victim first committed a vision and violence to the defendant, and the method and degree of the assault, such as the victim's head, friening and leading the defendant's head, despite the detention around the defendant, was very serious and dangerous; ② the defendant put the victim's head, while the victim's assault was committed.