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The prosecutor's appeal is dismissed.
Reasons
1. The statement of the victim that he unilaterally assaulted the defendant from the summary of the grounds for appeal is reliable, and even if the victim assaulted the defendant, the defendant's fating fat and fating fat, which is a female victim, lacks reasonableness, and thus, it cannot be viewed as legitimate self-defense, and the judgment of the court below which found the defendant not guilty as legitimate self-defense, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination
A. On November 15, 2012, C of the facts charged, around 08:00, around the Emiddle School located in Daegu-gu, Seogu, Daegu-gu, and Defendant A (the age of 63) took the following grounds: (a) on the road, Defendant A (the age of 63) based on “C is not in good condition between the F (the relationship with the Defendant) and the peace.”
The Defendant, at the same time, set up against the act of the victim C (V, 51 years of age), carried the victim’s breath with breath, and inflicted damage on the victim’s breath and flath’s sat, which require approximately two weeks of treatment.
B. The judgment of the court below, which is acknowledged by the evidence duly adopted and investigated by the court below, stated to the effect that the victim was unilaterally aware of his own timber in the investigative agency and the court of the court below. However, this is difficult to believe that the victim was against the witness G's witness G's statement to the effect that the victim was faced with the victim's clothes part of the victim's body and the wall, first of all, and the victim was sealed with the victim's wall. The victim stated at the investigative agency that the defendant was sealed into the stroke of the victim's body, but the victim was stated in the investigation agency that the victim was sealed into the stroke of the victim's body, but the injury in the medical certificate submitted by the investigative agency was written due to the damage to the stroke and the stroke of the victim's body, and the defendant was stro