The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal ① The defendant intentionally assaulted the victim of the injury in the instant case, and caused the injury to the victim.

may be appointed by a person.

Nevertheless, since the court below did not recognize this and rendered a not guilty verdict of the facts charged, the court below erred by misapprehending the facts.

(2) In addition, if the defendant was pushed a victim, it cannot be said that the defendant engaged in a passive resistance.

Nevertheless, the court below held that even if the defendant had pushed the victim on the grounds of the situation after the defendant was pushed the victim, it was reasonable to allow the victim to view that it was an act that is reasonable to be in light of social norms, and thus, the court below erred by misapprehending the legal principles.

2. Determination

A. The judgment of the court below is based on the following points: (i) According to CCTV images, the victim's investigative agency and the court of the court below's statement that the victim was in a state of drinking alcohol to the effect that the victim was not completely memoryed at the time; (ii) in light of the victim's actions before and after the date of the instant facts charged, the victim's actions confirmed by CCTV images, it is difficult to believe that the victim's investigative agency and the court of the court below's statement that the victim was in a state of drinking alcohol to the extent that it is difficult to hold the victim's body at the time, and that the victim's statement that the victim was in a state of drinking alcohol to the effect that the victim was not completely memoryd at the time. (iii) In light of the following circumstances, even if the victim was pushed by the victim, even if the victim was pushed, this would result in the victim's injury to the defendant.