The appeal is dismissed.

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the Defendant did not inflict an injury on the victim by pushing the victim’s chest, and even if the victim’s act was behind the Defendant’s act, the Defendant’s act constitutes a legitimate act as a passive defensive act, but the lower court made a false fact finding of the victim’s false statement, etc., and determined the Defendant guilty by misapprehending the legal doctrine as to the lawful act.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasoning in light of the record, the fact-finding by the court below is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no error in the misapprehension of legal principles as to legitimate acts.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.