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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence, etc. submitted by the prosecutor of the gist of the grounds for appeal, the defendant can be acknowledged that he/she took the face of A with his/her hand and her hand over, and inflicted an injury identical to that indicated in the facts charged of this case (hereinafter “the instant injury”). In light of the circumstances in which the defendant and A wraped, the above act by the defendant has the nature of an attack at the same time as the defensive act, and thus, it cannot be deemed as a legitimate defense.
Nevertheless, the court below rejected the credibility of A's statement that the defendant was at the time of A's her her her her her her her her her her her her her son, and sentenced the defendant not guilty on the ground that the defendant's her her son's her son's her
2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is difficult to recognize that the Defendant was at the time of facing A’s face with the floor of hand. However, when the Defendant was at the time of the Defendant, the Defendant resisted and resisted his hand, and thereby, the Defendant’s act was likely to cause an error on A’s timber and shoulder, but there is considerable reason for the Defendant’s act to defend himself/herself from violence.
Since the illegality is recognized, it is dismissed.
Therefore, we affirm the judgment of the court below which acquitted the defendant on the ground that the defendant's act constitutes a legitimate defense and does not constitute a crime, and there is an error of law by misunderstanding the facts alleged by the prosecutor or misunderstanding the legal principles
Therefore, the prosecutor's above assertion is without merit.
A. Determination as to whether the Defendant assaulted A’s face 1) A made a statement to the effect that “the Defendant was at the time of his/her face on the floor of his/her hand” in the process of the lower court’s trial and the 2 and 3-time investigation by the police officers, but A.