The prosecutor's appeal is dismissed.

1. In full view of the statements by the victim and video images of the gist of the grounds for appeal, it is reasonable to view that the defendant's act is not merely passive defensive acts, but also a new affirmative attack. However, the court below found the defendant not guilty of the facts charged in this case on the ground that the defendant's act constitutes legitimate act that does not violate social norms and thus constitutes illegality. The court below erred by misapprehending the legal principles on legitimate defense or legitimate act, which affected the conclusion of the judgment

2. We examine the evidence of this case in detail in light of the records. The court below's decision that the defendant's act was dismissed as a legitimate act that does not violate the social norms, and thus, it is just to find the defendant not guilty of the facts charged of this case, and there is no error of law by misunderstanding the legal principles as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. 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 is without merit. It is so decided as per Disposition.