The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the Defendant, at the time of the instant case, fell under the legitimate defense of a political party because it was passive to escape from the situation, when the Defendant was stroked from the damaged person.

2. According to the evidence duly adopted and examined by the court below, ① the victim was exposed to the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the

I saw that it was in fact

(3) The Defendant, at the police station, tried to catch a breath and drink a breath of the Defendant, and the Defendant was faced with the victim’s face after the victim was pushed the victim under the influence of breath.

In light of the background and attitude of the assault, the degree of injury inflicted upon the victim, the relationship between the defendant and the victim, etc., the defendant's act constitutes an active attack beyond the passive defensive act, and it does not constitute a legitimate defense.

Therefore, the defendant's argument cannot be accepted.

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.