The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty of assault among the facts charged in the instant case prosecuted for an injury, and acquitted the Defendant on the part of the facts charged.

In this regard, only the defendant appealed on the grounds of mistake of facts, and the prosecutor did not appeal the acquittal part of the reasons. Therefore, the acquittal part is also subject to the trial according to the principle of no appeal, but it is now exempted from the object of the trial due to the fact from the object of attack and defense between the parties.

Therefore, the judgment of the court below should be followed with the conclusion of the judgment of the court below, and it is not judged separately.

Ultimately, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles);

A. In order to defend the victim passively in the course of assaulting against the victim, the defendant saw the victim's flaps, or flaps, while having the defendant's satisf while finding out his satisf while keeping away from the floor in the process of assaulting from the victim, and did not intentionally assault the victim as stated in the facts charged.

B. Even if the defendant has abused the victim, this would have occurred in the process of defending the victim by assaulting the defendant.

Therefore, the illegality of the defendant's act constitutes self-defense or legitimate act to escape from the current illegal infringement due to violence.

C. Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3. Determination

A. First, we examine whether the defendant intentionally assaulted the victim.

The evidence duly adopted and examined by the court below, that is, the evidence.