The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the above act does not constitute self-defense or legitimate act, on the grounds that it does not constitute self-defense or legitimate act.

2. Summary of the facts charged in this case and the judgment of the court below

A. On May 16, 2012, the summary of the facts charged in the instant case is the victim D (the 66 years old) and the dispute, while the Defendant was engaged in the work of removing miscellaneous work in front of the apartment apartment C in Changwon-si, Changwon-si, Changwon-si, and in the work of removing miscellaneous work in front of the apartment C apartment in Gyeyang 2 Dong Office.

격분하여 두 손으로 피해자의 가슴을 3회 밀어 피해자로 하여금 엉덩방아를 찧으면서 뒤로 넘어지게 함으로써 피해자에게 약 12주간의 치료가 필요한 제12흉추 압박골절상을 가하였다.

B. The lower court determined that the victim’s statement consistent with the facts charged in the instant case was based on the evidence duly adopted and investigated by the lower court, namely, the following circumstances acknowledged by the evidence, namely, the Defendant’s defense against the victim’s attack, and the Defendant stated that there was no reason to unilaterally make a false statement favorable to the Defendant when seen in light of the witness G and the relationship between the Defendant and the victim, etc.