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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the statements made by the victim and witness H in the summary of the grounds for appeal, it is reasonable to conclude that the victim and the defendant argued in the body and fighting each other at the time of the instant case, and that the act of the defendant can be evaluated as a fighting corresponding to the act of attack immediately and does not constitute a legitimate defense or a legitimate act.
Nevertheless, the court below found the Defendant’s act as a legitimate defense or a legitimate act and found the Defendant not guilty of the facts charged, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
2. Determination
A. On May 23, 2019, the Defendant: (a) committed assault on the victim’s flab by committing an attack against the victim’s flab by taking the Defendant’s spath and shoulder in his/her hand, against the victim’s spath and shoulder in the sick room “C oriental medical hospital” located in Ansan-si, Masan-si, Masan-si; (b) around 22:20 on May 23, 2019.
B. The lower court’s judgment: (a) The Defendant, from the investigative agency to the court of the lower court, had the victim frighten and pushed himself first.
A consistent statement is made to the effect that the injured party’s grandchildren were rootsd for getting out of the injured party, but the injured party’s spath, or was not engaged in an act of spathing or smugglinging. ② The injured party also stated in the court below that “the Defendant became a Silf, as a matter of having received the delivery food from sick room at the latest time,” and first, he was made a prior attack by the injured party. ③ The Defendant reported in 112 to the effect that “the injured party was spathing and pushed down the Defendant,” and the police called the Defendant to the effect that “the injured party was spathing and pushed down the Defendant,” and ④ at the court below, the injured party stated to the effect that “the injured party was spathing with the flabing of the injured party.” However, at the time of the first mobilization of the police officer, the Defendant was spathn.”