The prosecutor's appeal is dismissed.

1. The court below held that the illegality of the defendant's act constitutes a justifiable act as a passive resistance, because the defendant's act did not constitute a justifiable act because the victim suffered a bodily injury for three weeks due to the defendant's act, and thus the defendant's act did not constitute a justifiable act. Thus, the court below erred in the misapprehension of legal principles.

2. According to the records, the defendant's act is reasonable to the extent permitted by social norms in light of all circumstances such as the situation, purpose, means, and method, etc., and thus, the prosecutor's assertion is without merit, since the defendant's act constitutes a justifiable act as provided by Article 20 of the Criminal Act.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.