The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the instant crime constitutes self-defense and thus, the Defendant is acquitted.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment

2. An act performed to defend against current unfair infringement of one's own interest or another's legal interest shall not be punishable when reasonable grounds exist;

(Article 21 of the Criminal Act. However, considering the evidence duly adopted and investigated by the court below, the defendant is only deemed to have inflicted an injury on the victim by unilaterally assaulting the victim, and the victim does not seem to have committed an infringement on the legal interests of the defendant by first assaulting the defendant.

Even if the victim assaults the defendant as the defendant's assertion and the defendant assaulted the victim to defend him, the crime of this case by the defendant has the nature of the act of attack beyond the passive source of defense, and cannot be deemed to constitute a case where there is a considerable reason to protect the present unfair infringement.

Therefore, the defendant's assertion that the crime of this case constitutes legitimate defense is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.