상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) did not state "three times on the left side of the victim's face by drinking on the left side, two times on the left side of the victim, and one time on the chest" as stated in the facts constituting the crime in the judgment of the court below, and the act of pushing the victim in an elevator constitutes a legitimate defense or legitimate act, and thus, the judgment of the court below convicting the defendant of the facts charged of this case on a different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. In the judgment of the court below, the defendant argued the same as the grounds for appeal, and the court below rejected the defendant's assertion by giving a detailed explanation on the judgment (as alleged by the defendant, the defendant's statement was reversed on the part of the defendant, i.e., ① the victim's statement is specific and consistent (as alleged by the defendant, the victim's statement was reversed as to the part of the defendant's drinking, etc.).
(2) Even in accordance with CCTV images (Evidence No. 11), the above judgment of the court below is just in light of the following: (a) even if the victim was based on CCTV images (Evidence No. 11), the victim reported to the police by blocking the elevator for about 5 to 6 minutes at the time of the instant case, but did not make any other resistance while opening the strings, while the Defendant was aggressive and hostilely booming the victim several times; and (b) the Defendant was peeping the victim several times with a very aggressive and hostile attitude; and (c) there is a violation of law by mistake of facts alleged by
subsection (b) of this section.
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.