A. The defendant asserts that the judgment of the court below which recognized that the defendant was guilty of causing injury to the victim by cutting down the victim's part of the victim's neck and pushed down the defendant's chest, etc., although the defendant had not been able to find the part of the victim's neck by hand, it erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. As above, as a matter of course, the Defendant asserts that the Defendant’s act of benefiting the victim constitutes a passive defensive act as a means of resistance to block the victim’s way and escape from the smuggling, and thus, it constitutes legitimate self-defense or legitimate act.

2. Determination

A. On May 5, 2014, at around 07:30 on May 5, 2014, the Defendant was guilty of the facts charged in the instant case by the lower court, on the ground that the victim C (the age of 47) residing in the same apartment in the same apartment lot located in the Jinsung-gun D apartment 104, Sung-gun, Sung-gun, for the reason that “I will know how I will be an apartment painting construction work” and that I will prevent future events. In so doing, the Defendant was guilty of the facts charged in the instant case.

3. The following circumstances revealed by the evidence duly admitted and investigated by the court below and the court below: ① the victim has made a concrete and consistent statement concerning the facts and circumstances of damage from the investigative agency to the court below; ② E, which witnessed the instant case, stated in the police and the court of the court below to the effect that “the defendant observed to the part of the victim”; ③ After the instant case occurred, the victim moved to the police box along with the Defendant; and the police officer of the above police box.