The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is the confession that the Defendant: (a) made a confession that the victim’s face is sealed; (b) made the victim’s statement, while the victim’s statement is reliable, the recording record submitted by the Defendant is highly likely to record only the circumstances favorable to himself/herself; and (c) the victim’s flabation and flab on the photograph is likely to occur. Therefore, the Defendant’s flabation and flabing of the victim’s flab cannot be deemed as a passive and defensive act.

2. Determination on the grounds for appeal

A. The judgment of the court below is based on the following circumstances that can be recognized by the evidence duly admitted and investigated: (i) the victim reverses his statement in court; (ii) the victim's statement was embodied and added with new facts; and (iii) the victim's statement is contrary to other evidence because the victim's statement is contrary to circumstances and parts facing her bucks, and thus, the victim's statement is not reliable; (ii) the diagnosis submitted by the victim is not contrary to the defendant's assertion that the victim was flick or flicked to defend himself while the victim was assaulted by the victim; and (iv) this is a passive defensive act permitted by social norms, and thus, it is not unlawful. In full view of the above, the facts charged in this case is without proof of a crime or is a legitimate act as provided in Article 20 of the Criminal Act.

B. In addition to the grounds for innocence of the victim's statement of the first instance court's first instance judgment, the victim is the victim of the witness, who is the victim at the first day of the fourth trial of the lower court, the following circumstances, which can be acknowledged by each of the above evidence.

“I have stated to the effect that “I will open a door and enter the door.”