The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the injured party unilaterally assaults the Defendant and defends the Defendant, which constitutes a legitimate defense, and the lower court convicted the Defendant of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant was assaulted by the victimized person at the time of the instant case at the investigative agency, and the Defendant took part in the victim with drinking and selling elbows.

The statement was made (Evidence No. 20, 43 pages), and the victim also was made by the investigative agency at the time of the elevator when the defendant was swornly and obscised in the elevator in which the defendant and the vision are attached, and the defendant again was pushed down his own, and the victim continued to do so even after getting out of the stairs.

The statement (Evidence No. 34 pages) and (2) At the time of the instant case, although the victim did not participate in the assault of the Defendant (Evidence No. 19 pages), the video of CCTV at the instant site appears to have actively committed several assaults against the victim even when the victim did not assault the Defendant. In light of the background of the instant crime, the situation at the time of the instant crime, etc., it is reasonable to regard the Defendant’s act as an act committed by the intent of attack beyond a simple defense means, and it does not constitute a legitimate defense.

Therefore, the defendant's assertion is without merit.

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.