The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (based on factual errors and misapprehension of legal principles), the evidence submitted by the prosecutor, such as CCTV video images, it is acknowledged that the Defendant committed an assault against the victim as stated in the facts charged in the instant case, and it is also difficult to view that such act constitutes legitimate self-defense or legitimate act in light of the developments leading up

Nevertheless, the judgment of the court below that the defendant's act was dismissed as a self-defense or a legitimate act is erroneous in the misapprehension of legal principles.

2. The court below held that the following circumstances acknowledged based on the evidence duly adopted and examined, namely, the victim was a man of the 30th half of the body. On the other hand, the victim was a person with a disability of the 1st degree, and the victim was unable to walk normally without assistive means, such as stick, etc. because the movement of one bridge was difficult due to convenience. According to the CCTV images installed at the location of this case, the victim acted several times, and the victim was spicked once, and the victim was faced with the victim immediately after the victim was pushed down. According to the above images, the defendant was spicked with the victim by hand, and the victim was spicked with the victim's spick, and the defendant did not look at the victim's sprink, as described in the facts charged. According to the facts charged, the defendant's act of spreading the 4th half of the body and 5th of the victim, and the defendant's act of spreading the victim's spick, which is likely to be separated from the victim's's act.