폭행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (deficiencies or misapprehension of legal principles) of this case: (a) at the time of the instant case, the victim assaulted the Defendant by first turning the two arms of the Defendant; and (b) the Defendant was able to escape this, and there was no assault against the victim as described in the facts charged.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby recognizing the Defendant’s crime of assault.
2. The evidence duly adopted and examined in the court below's judgment and, in particular, mobile phone photographing image, the facts constituting the crime in the judgment below can be fully acknowledged, and the defendant's act cannot be seen as self-defense to defend against the current infringement of himself/herself. Thus, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and there is no error of law or of law as alleged by the defendant.
3. Accordingly, 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.