The prosecutor's appeal is dismissed.

1. The abstract of the grounds for appeal consistently suffered violence from the defendant;

In light of the degree of injury inflicted on the victim, it is difficult to see that the act of the defendant's above constitutes a justifiable defense, etc., in light of the degree of injury inflicted on the victim.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and the misapprehension of legal principles, which affected the conclusion of the judgment

2. The summary of the facts charged of this case was around 20:20 on July 22, 2017, the Defendant: (a) around 20:20, Hanam-si, Hanam-si, 10, and on the street before and after the viewing of the case, when the victim’s head was able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

Accordingly, the defendant caused the injury to the victim at the bottom of the right frame requiring treatment for a period of 49 days by the above act.

3. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction should be based on the evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, the interest of the defendant should be determined in light of the interests of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010).

In addition, it is difficult to recognize that the defendant had the victim go beyond the victim in the course of vagabonds with the victim.

Even if so, this is unfair physical of the victim.