The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the defendant's act constitutes legitimate defense, since the defendant only resisted against the threat of the victim, and did not have the intent of assault.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s act does not constitute a legitimate defense as a passive defense act.

Therefore, the defendant's assertion is not accepted.

(1) When the victim refuses the request of the defendant who wishes to report at an investigative agency and a court of original instance, at the court of original instance, the victim was able to take care of dubs of the defendant who was her will and was her only.

The statements are consistently made.

C also reported the shape of the Defendant’s flabbage to the victim, and the victim did not see the form of attacking the Defendant.

statement is made.

There is no particular circumstance to suspect the credibility of these victims and C’s statements.

② At the time of the instant case, the Defendant had a dispute with C in the third floor, and the victim was in the second floor.

In addition, the defendant's second floor and the victim's 112 report to the victim, but the victim refused it.

In light of the circumstances of these disputes, it is difficult to find out any particular reason for the victim to conduct any harm first to the defendant.

③ 피고인은 피해자가 팔짱을 끼고 배를 내밀어 피고인을 밀었다고

The argument is asserted.

The victim has acted as such;

Even if the defendant did not constitute a passive defensive act to escape from an attack against the victim, he can not be deemed to have neglected the victim's breath.

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.