The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor on the misconception of facts or the rules of evidence, the court below erred by misapprehending the legal principles as to the facts charged, or by misapprehending the legal principles as to the rules of evidence, which affected the conclusion of the judgment, although the defendant was able to have set up the victim's bridge, and the victim was satisfed with the victim's leg under the influence of the defendant, the court below rejected the victim's statements and the statements at the first police station E, which correspond to the facts charged, and reversed the statements for the defendant, and thereby there is no credibility.

B. The lower court determined that the Defendant’s act does not violate social rules as a passive resistance, even though the victim suffered an injury requiring medical treatment for 42 days, since it was merely a victim’s injury during the process of bumding the victim himself/herself, and thus, the Defendant’s act did not violate social rules.

However, considering the reasonableness of the means and method of committing the instant crime, the balance between the Defendant’s interest and the victim’s interest infringed, the lower court erred by misapprehending the legal doctrine on passive resistance, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On December 22, 2011, the summary of the facts charged in this case is about 42 days by assaulting the victim's left side of the victim's c restaurant at Changwon-si, Changwon-si, about 01:15, the defendant at around 01:15, and the victim D (the defendant at the age of 36 and the e, the defendant at the age of 36; the e, the e, the e, the defendant; the defendant at this time, e, e, e, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., g. the victim