The prosecutor's appeal is dismissed.

1. The facts charged in this case and the judgment of the court below

A. At around 16:40 on August 31, 2017, the Defendant, who was seated on the street in front of the “C” located in Jongno-gu Seoul, Jongno-gu, Seoul, and was asked from the victim D, who operated the above awareness point, to “humping to another place”, but the Defendant refused to do so. However, the Defendant was subject to the Defendant’s assault, such as “humping back from the said victim” with the desire to read “humping back,” and the Defendant’s assault, such as cutting down the clothes of the said victim on his hand. Accordingly, the Defendant assaulted the victim, against this demand.

B. According to the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant was seated in front of the border point operated by D at the time and time as indicated in the facts charged, and that D demanded that D brought about the Defendant to another place, but it was rejected from the Defendant, and the Defendant expressed her desire to commit the Defendant, and then pushed the Defendant with approximately 2 and 3 seconds of the Defendant’s breath who was in good hand, and then pushed the Defendant, and the Defendant was debrised with a dubing and pushed the dub from D in a timely manner, and then pushed the Defendant. The lower court found the Defendant not guilty on the ground that it was reasonable and reasonable to acknowledge that D’s act of cutting the dub, as seen above, was beyond the limit of active attack against D, and that it was not sufficient to recognize that the Defendant was not guilty on the ground that the Defendant’s act of attack against D was beyond the limit of passive means of attack by social norms at the time of the Defendant’s declaration of illegality.