The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

(M) According to the evidence, the defendant has abused the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the facts charged is erroneous by misunderstanding of facts or misunderstanding of legal principles, which affected the judgment.

Judgment

For the reasons indicated in its holding, the lower court determined that the Defendant’s act constituted an act that does not contravene the social norms stipulated in Article 20 of the Criminal Act and was not a crime.

A thorough review of the reasoning of the judgment below in comparison with the evidence, and in particular, considering the content and degree of the instant act in which the defendant committed such an act and the situation before and after it, it is sufficiently acceptable to determine that the lower court did not constitute a crime by deeming it as a justifiable act. In so doing, the lower court did not err by misapprehending the legal doctrine or by misapprehending the legal doctrine as alleged by the prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.