The defendant's appeal is dismissed.

1. The defendant's act of assaulting the victim is not an active act of attack, but an act of spiting the victim first and then constitutes legitimate act of self-defense or a passive act of resistance.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. According to the evidence duly adopted and examined by the lower court, the Defendant was aware of the fact that the Defendant spits knee in the face of the victim in the front of Seongdong-gu Office and knee knee knee knee knee in the face of the victim due to the problem of using a computer with

As such, the Defendant’s act of assault is an active act of attack and does not constitute a simple act of defense or passive act of resistance, and thus, the Defendant’s assertion that the instant crime constitutes self-defense or legitimate act is rejected.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.