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The prosecutor's appeal is dismissed.
Reasons
1. In this case’s summary of the grounds of appeal, the Defendant’s act of assaulting the victim was not justified, the situation at the time was not urgent to the Defendant, and there was no other solution except the above assault. Therefore, it cannot be deemed that the Defendant satisfied the requirements of justifiable act under Article 20 of the Criminal Act.
Nevertheless, the court below found the defendant not guilty on the ground that the defendant's act of this case was a legitimate act, and such judgment of the court below erred by mistake or misapprehension of legal principles.
2. Determination
A. The summary of the instant facts charged indicated that the date and time of the instant facts charged was around July 14:58 on July 26, 2018, the Defendant (the age of 49) stated that the date and time of the instant facts charged were around July 26, 2018. However, according to the CCTV of this case, the accurate time during which the instant case occurred is deemed to have at least 14:58 on the same day, and such alteration is to be made ex officio.
(As seen in the rear, the appeal by the prosecutor is dismissed, and there is no disadvantage to guarantee the defendant's right of defense even after changing the above). In light of the fact, while the victim was living together with the victim D (24 years old) with respect to the noise between the layers, the victim assaulted the defendant's chest part by making four tights of his chests and flaps with left hand, and the victim was living together with his own ship and left hand in order to prevent the way.
B. The court below held that the following facts and circumstances acknowledged by the evidence submitted, i.e., ① the defendant was fluored by E and E and E, the births of the victim who was in a dispute with the victim who was in a C & C’s corridor, and they committed assault, such as threatening the shoulder part and the chest part of E and the defendant who was in a dispute with E, ② the defect that the defendant tried to leave the scene, and the victim was about to leave the scene.