Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and misapprehending the legal doctrine on the “criminal suspect” in the crime of direct assault under Article 125 of the Criminal Act and “a justifiable act” and “a justifiable act.

In addition, the argument of misapprehension of the legal principles as to "duty" in Article 125 of the Criminal Code and res judicata of the judgment is not a legitimate ground for appeal since the defendant asserts that there is no ground for appeal or that the court below did not consider it as a subject of judgment ex officio. Furthermore, the court below did not err in the misapprehension of legal principles as alleged in the ground for appeal.

The grounds of appeal are other arguments that do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act, or are groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-young

Note Justice Lee Sang-hoon

Justices Kim Yong-deok