The prosecutor's appeal is dismissed.

Comprehensively taking account of the evidence submitted by the prosecutor, it is recognized that the defendant suffered bodily injury by exercising the force of force as stated in the facts charged in this case, and this cannot be said that the illegality is excluded by the active exercise of force beyond passive defensive act.

Judgment

The prosecutor also asserted the same purport as the above argument in the court below.

The court below found the defendant not guilty on the ground that the defendant's act in the underground stairs as stated in the facts charged of this case was merely a fluoring of the victim in order to escape from the victim who attached the defendant, and it does not constitute an assault, and even if it constitutes assault, it constitutes a legitimate act that does not violate passive resistance or social rules.

Examining the reasoning of the lower judgment by closely comparing the records of this case, the lower court’s aforementioned determination is justifiable.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.