The defendant's appeal is dismissed.

1. The summary of the grounds of appeal does not constitute the elements of the crime of assault, and furthermore, he acted with the intent of defense in the form of breath from the victim. Thus, the judgment of the court below which found the defendant guilty of the facts charged of this case, by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act constitutes self-defense, rather than for defending the victim’s unfair attack, and that the perpetrator’s act was satisfyed with one another’s intent of attack and took place against it, such act is at the same time an act of attack, and also has the nature of an act of attack, and thus, it cannot

B. In full view of the evidence duly adopted and examined by the court below and the court below, it is recognized that the defendant committed an assault, such as attaching the victim’s vessel by ship, etc.

In addition, in full view of the background of the occurrence of the instant case, the actions of the Defendant and the victim, the circumstances before and after the instant crime, etc., the Defendant’s act is characterized as an attack, and it does not seem that it constitutes legitimate self-defense or legitimate act.

Although H and G testified to the effect that it conforms to the Defendant’s argument in the original trial and the court of the trial, it was reversed in comparison with the above witness’s statement at the time of the occurrence of the instant case, and it is difficult to believe that the credibility of the testimony is doubtful in light of the relationship between the above witness and the Defendant and the victim.

C. Ultimately, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

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 groundless. It is so decided as per Disposition.