The prosecutor's appeal is dismissed.

1. At the time of the instant case, the Defendant and the victim fighting each other at the time of the instant appeal, which was not an act of resistance against the unilateral illegal act of the victim.

Nevertheless, the judgment of the court below which acquitted the Defendant on the ground that the act as stated in the facts charged in this case is dismissed is erroneous.

2. The lower court rendered a not guilty verdict on the facts charged of this case on the ground that “the act recorded in the facts charged of this case is merely a use of force as a means of resistance to protect himself from the victim’s attack and escape therefrom as the victim unilaterally committed an unlawful attack against the Defendant, and it does not constitute a new affirmative attack. Therefore, the Defendant’s act recorded in the facts charged of this case is reasonable in light of social norms and thus, it is dismissed of illegality.”

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.

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