The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the Defendant not guilty of the facts charged of assaulting C, such as breath, etc. in the process of disputing C, and there is an error of law by misunderstanding the facts.

2. In light of the evidence duly adopted and examined by the court below in light of the records of this case, it is just and acceptable that the court below, at the time of this case based on witness E's testimony, only conducted a physical contact with C in order to prevent unilateral assault of C, and the defendant did not intend to commit an assault against C at the time, and even if not, the above act of the defendant constitutes self-defense by exercising the minimum tangible power to defend C's unfair assault.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in this case is just, but there is no error of mistake of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.