The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) E recognizes all the facts of assault against the defendant, and thus, it is credibility in the statement of E as the defendant stated the facts of assault against him. While the defendant and E conflict with each other, it cannot be deemed that such act constitutes self-defense or legitimate act.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case, and erred by misapprehending the legal principles as to self-defense or legitimate act, which affected the conclusion of the judgment.

2. The court below held that: (a) even according to the statement of E, it appears that E would first catch the Defendant’s breath; (b) the Defendant first reported the fact of damage to the police to the court of the court below through the investigative agency to the extent that E could not cover his stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke strokes; (c) even if the Defendant was injured by stroke scokes, scoke scokes, etc. from E, it cannot be seen as exercising more tangible power as above; and (d) there is no possibility that E made a statement by exaggeration the Defendant’s act in order to reduce his responsibility; in particular, in light of the diagnosis details written in the injury diagnosis report submitted by E to the investigation agency, the Defendant cannot believe the Defendant’s sroke stroke stroke stroke s and stroke stroke s, etc.