상해
The defendant's appeal is dismissed.
1. The gist of the grounds of appeal is that the Defendant’s assault against the victim’s desire and assault constitutes self-defense, and thus, the illegality of the facts charged in the instant case is excluded. Therefore, the court below erred by misapprehending the legal principles as to self-defense.
2. According to the evidence duly admitted and examined by the court below, the defendant's assertion is without merit, since the victim hearss the desire from the defendant for long-term use of the automatic cash payment machine, and the defendant's resistance is found to have been placed at one time at the right side of the victim's face. According to the above facts of recognition, it is reasonable to view that the above violence of the defendant constitutes an active attack rather than an passive defense.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.