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The prosecutor's appeal is dismissed.
Reasons
1. Examining CCTV images recorded at the time of the summary of the grounds of appeal, it is confirmed that the defendant tried to attract the victim's arms, and the victim took the victim's hand by force during the process of refusal, and this cannot be included in the type of passive resistance as an exercise of excessive tangible power. Therefore, the judgment of the court below which acquitted the defendant on the ground that the defendant's act is justified as a legitimate act, and it is erroneous in the misapprehension of the legal principles.
2. The summary of the facts charged in the instant case is that “the Defendant committed assaulting the victim by talking about two weeks of treatment, such as putting the victim’s arms in other places, thereby causing injury to the victim, such as a string and flaging the victim’s arms.”
In regard to this, the court below held that the defendant's act of leading the victim was a justifiable act that does not violate the social rules, in light of the situation at the time of the defendant's legal statement and the specific contents and degree of tangible power, such as "(i) the defendant's act of moving the victim to another place and cutting off the victim's arms in order to talk about the victim's personal affairs by moving the victim's negative horse to another place, and (ii) the defendant's act was a relatively minor act; and (iii) the defendant's act was merely a mere minor act that gets off the part of the victim's hand or the part of the part of the part of the victim's hand or the part of the part of the victim's hand, and it is difficult to believe it as it is.
“The Court determined that this case was an act.”
In light of the records, the evidence of this case is closely examined, and the defendant is the victim.