The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) found the Defendant guilty of the facts charged of the instant assault on the ground that: (a) the Defendant did not constitute self-defense under Article 21(1) of the Criminal Act for the following reasons: (b) the Defendant’s act of having a person walking away from the scene cannot be deemed an exercise of tangible power (the body), and (c) the Defendant’s act of having a person walking away from the scene may not be deemed an exercise of physical power (the body), and (b) the Defendant’s act of having a person walking away from the scene would not result in an act of assaulting by exercising a tangible power even if the Defendant was not a person leaving a cab of the victim; and (b) the lower court erred by misapprehending the legal principles on the facts charged of the instant case, or by misapprehending the legal principles on self-defense in light of the following:

2. Determination

A. On March 15, 2014, around 23:45, the summary of the facts charged in the instant case: (a) around 23:45, the Defendant: (a) around the street in Guro-gu Seoul, Guro-gu, Seoul; (b) a person who appears to be a driver of the Defendant left a taxi driven by the victim D; and (c) escaped; and (d) a person who gets a driver of the Defendant’s flat to flee with the victim’s flat; and (d) flatd twice with the victim’s flat; and (e) assaulted

B. We examine the prosecutor's argument of mistake of facts and misapprehension of the legal principles, and the following circumstances, i.e., the evidence and records duly adopted and examined by the court below, which can be revealed, i.e., the victim merely attempted to find the defendant as long as the defendant did not leave the victim's taxi.