A. The Defendant did not commit an assault against the victim by hand, etc.

B. The Defendant’s act constitutes self-defense inasmuch as the Defendant committed an act identical to the facts charged as a passive defense against the victim’s knee, knee, causing a threat of life when the victim prices the face of the Defendant.

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

B. The judgment of the court below 1) The written diagnosis of injury to be submitted by the victim of the crime of injury generally finds the cause of injury based on the victim's statement and states the part and degree of injury observed and judged by using medical professional knowledge, and it is insufficient to form evidence to directly prove the fact that the injury as stated above was caused by the criminal act of the defendant. However, in a case where the date and time of the diagnosis of the injury are close to the time and the time of the issuance of the written diagnosis of injury, there are no special circumstances to suspect the credibility of the victim's injury, and where the victim's injury part and degree coincides with the cause and circumstance of the injury alleged by the victim, unless there are special circumstances such as the victim's act of assault from a third party or the fact that the victim prepared a false diagnosis of the injury, such diagnosis of injury will have a significant effect on the defendant's injury along with the victim's statement, and the act of attack and defense between the two parties cannot be dismissed without reasonable grounds (see, e.g., Supreme Court Decision 2011Do1278.