The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the defendant's defense counsel of the misunderstanding of facts and legal principles did not make a separate argument as to the sentencing unfair on the grounds of appeal, and at the first trial date of the trial of the first instance, stated that there was an explicit assertion as to the mistake of facts and mistake of legal principles not the illegality of sentencing, and thus, the sentencing is not separately determined.)

A. The facts constituting the crime of the court below are erroneous on the premise that the defendant first gets the head of the victim's head.

B. Since the injury, other than the escape mother, among the injury described in the death diagnosis certificate, cannot be deemed as being fabricated or the defendant committed an attack against the victim, the defendant's act is merely an act that constitutes an assault among the elements of the composition, and the injury of the escape or the part of the mari shall not be deemed as an injury under the Criminal Act, and the judgment of the court below shall be dismissed, since the victim expressed his/her intention not to punish the victim.

(c)

The defendant's act constitutes a legitimate defense or a legitimate act as a defensive act to defend the victim's improper attack in light of the background of the crime in this case, the form of the act in this case, and the part and degree of the assault.

2. Determination

A. The judgment of the court below also asserted similar to the grounds for appeal, and the court below rejected the defendant's assertion in full view of the following circumstances, which are duly admitted and examined, and rendered a judgment of conviction against the defendant by recognizing the facts constituting the crime as stated in the judgment of the court below.

① The contents of the statements made by victims and witnesses are consistent specifically and consistently, and even in light of the attitude of the statements in the court, the statements made by victims and witnesses are credibility.

(2) The part and degree of the victim's injury known in the medical certificate of injury are supported by the statements of the victim and witness.

③ The above point is the same.