The prosecutor's appeal is dismissed.

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in this case, which the court below acquitted, is as follows.

On July 15, 2015, the Defendant: (a) suffered injury to the victim, i.e., a non-c., a body part of the victim A (58 tax) and a body part of the victim’s coke, which are attached to Si expenses, in the front parking lot of the Dogsan-gun, Dogsan-gun, Dogsan-gun, and the victim suffered approximately three weeks of treatment.

B. The lower court rendered a not-guilty verdict on the instant facts charged to the following purport.

To recognize a legitimate defense as stipulated in Article 21(1) of the Criminal Act, there should be “the current infringement of one’s own or another’s legal interest.” Whether such infringement is present should not be determined according to the subjective circumstances of the victim, but be objectively determined, as well as the fact that the legitimate defense is the reason why the illegality of a certain act meeting the constituent elements of the crime is exceptionally extinguished, the present nature of the infringement as a requirement should be strictly interpreted.

In addition, in order to establish a political party’s defense, the act of defense should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, level of infringement, and type and degree of legal interest to be infringed by the act of defense, etc. The act of defense as a requisite for the establishment of a political party’s defense includes not only pure passive defense, but also anti-defense form, including active anti-defense. However, the act of defense must have considerable reasons for defending the infringement of one’s own or another person’s legal interest (see Supreme Court Decision 2007Do300, Sept. 21, 2007, etc.). The following circumstances can be duly adopted by the evidence duly examined, namely, when the defendant’s act of defense and the victim A, who is a criminal defendant’s act, is said to be a drinking driver.