The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not change the victim's body with both hands, and even if the defendant did not do so, he did so in the process of defending the victim's right to the defendant first, which constitutes a legitimate defense or legitimate act, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant's act is an act of attacking with the victim beyond a mere means of defense, and it is reasonable to deem that the defendant's act is an act of attacking beyond a mere means of defense and constitutes a legitimate defense or a legitimate act, in light of the shape and circumstance of the crime in this case, situation at the time of the crime, degree of injury of the victim, etc.

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.