The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On March 27, 2014, the victim’s resistance was resistanceed to escape from his her necking, which constitutes a passive resistance.

(b) On March 28, 2014, no injury has been inflicted on A by the victim.

2. Determination

A. As shown in the following photographs, the Defendant fighting the trees A and drinking after the fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting cannot be viewed as passive resistance.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the witness A of the court below stated to the effect that the defendant inflicted an injury on himself as stated in the facts constituting the crime in the court below, ② A was diagnosed as a duplicating, etc., including two cuplices on March 28, 2014 (see, e.g., 10 pages), ③ the witness G of the court below stated to the effect that he and the defendant had observed an act of supleting each other (see, e.g., e., 194 pages of the trial record).

3) Therefore, each of the above arguments by the Defendant is without merit (the Defendant did not have any evidence on his own part).

However, the defendant himself is also a person who had previously undergone a wooden disc operation (see, e.g., Supreme Court Decision 180th page of the trial record), and the defendant was judged to have been completely cured after three years since he had undergone an operation in 2010, and was judged to have been completely cured.

하면서도, 디스크 환자들은 멀쩡하게 보여도 디스크가 계속 반복된다는 취지의 주장을 하고 있는 점( 공판기록 제 182 쪽, 제 184 쪽 참조 )에 비추어 볼 때 피고인의 목 부위에 기왕증이 있었다고

[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.