The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding of facts, misunderstanding of legal principles, leaving the arms of the victim who attacked himself/herself by cutting them out, and taking them out in drinking is an act beyond the degree of legitimate defense under the Criminal Act.

Nevertheless, the judgment of the court below which found the defendant not guilty on the facts charged of injury by recognizing the establishment of legitimate defense or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (the suspended sentence for a penalty of three million won) is too uneased and unfair.

2. Determination

A. 1) The lower court found the Defendant not guilty of the charges of injury on the ground that the Defendant’s act constitutes a legitimate defense and does not constitute a crime, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court.

At the latest, the victims got home with drinking at the time, and acted slickly, and these actions were repeated.

The Defendant made an objection against the above wrong behavior of the victimized person, and the same situation on the day of the instant case also raised an objection against the victim who was going up with the official stairs of the victimized person.

The victim did not go to the point that it causes damage to neighboring residents living together, and tried to flickly cut off to the defendant, and assault the defendant's chest.

The defendant landed to his house in order to avoid the cost of drinking with the victim.

The victim got away from his conduct and her own conduct, and gets off his house, and her house was invaded by the defendant's house, thereby breaking the defendant's house, and continuously breaking the defendant's house and breaking his house.

The defendant was going beyond the victim's ad hoc attack, and put the hand over on the floor.