The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) is that the Defendant did not assault the victim as stated in the facts charged, and only passive defensive act was done to avoid violence of the victim.

2. In full view of the evidence duly adopted and examined by the court below and the following circumstances recognized, namely, that the defendant recognized the victim's statement in the investigative agency as a cell phone and as a threat to the victim's mobile phone, and that the victim's statement as to the part concerning the crime of the defendant in the investigative agency and the court below's decision is consistent and its credibility is recognized, the defendant's assault as to the facts charged is recognized and it cannot be viewed as a passive defense.

Therefore, the court below rejected the above defendant's assertion and found the defendant guilty in the facts charged of this case is just, and there is no error of misconception of facts or misapprehension of legal principles in the judgment below.

3. 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.