특수상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the defendant at the time of the instant case committed assault against the victim; and (b) it constitutes legitimate defense, and thus, (c) the court below found the defendant guilty of the facts charged in the instant case, which erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. The lower court determined that, based on the evidence as indicated in its holding, the Defendant’s act of causing a victim constitutes fighting and cannot be deemed as constituting legitimate defense.
Examining the reasoning of the judgment below in light of the evidence duly adopted and examined by the court below, in particular, a thorough comparison with CCTV images taken by the situation at the time of the crime, the judgment of the court below is justified and there is an error of law by misunderstanding of facts or misunderstanding of legal principles
subsection (b) of this section.
Therefore, the defendant's above assertion is rejected.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.