The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is as follows: (a) the Defendant suffered injury by the victim during the process of committing an act, such as threatening the victim by putting the knife first and threatening him/her to defend him/her; and (b) such act by the Defendant constitutes legitimate defense.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. Determination

A. The lower court determined that according to the evidence duly adopted and examined by the lower court, the victim first knife and threatened the Defendant, as alleged by the Defendant.

In light of all circumstances, such as the background, motive, means, method, degree of damage, etc. of the instant crime, the Defendant’s act cannot be seen as an act within a considerable extent to defend himself/herself’s infringement of legal interests, and thus, the Defendant’s legitimate defense cannot be accepted, and thus, the Defendant convicted the Defendant.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the victim, from the investigative agency to the lower court, stated that “A victim sent a coffee from the Defendant on June 2, 2015 to the lower court: (a) around June 8:30, 2015, the victim sent a coffee at the Defendant’s home; (b) the Defendant: (c) the victim kiddddddddddddddddd the 119 rescue unit through her friend with the Defendant’s home while leading the Defendant in a single-use plastic bag and face-to-face, she kidd the Defendant, and her head at the Defendant’s home; (d) the Defendant 119 rescue unit was called at the Defendant’s home but called at the friend, but went to an emergency room through her friend; and (d) the victim was the victim during three hours of assault from the Defendant’s home to the emergency room at around 13:17, 2.

In full view of the fact that the victim was hospitalized from the time until June 13, 2015, and that the victim suffered injury, such as the left-hand boom, etc. requiring treatment between 42 days, the defendant's legitimate defense is asserted.