In addition, in light of the fact that the victim was only a high level of 110km in height and high level of 172 cm frequently caused cardio-cerebral diseases, etc., it should be deemed that the victim may suffer from cardio-cerebral relationship with the victim, and if a person is dead in the state of extreme stress and a person is dead in the state of highly stress, it may cause a dangerous situation, such as the outbreak of acute heart diseases, by imposing more burden on the victim who is in the state of highly high degree of high level of 172 cm, in light of the empirical rule of the general public.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, by misunderstanding the facts and finding that there was no possibility of predicting the victim’s death

Judgment

The lower court determined as follows based on the evidence duly examined and adopted.

Although the Defendant committed assault against the victim immediately before the victim was used, in ordinary cases, the part facing the victim was located in a relatively distant place with the heart in the case of ordinary times, and the part with low relevance to the occurrence of acute heart diseases. It is difficult to deem that the assault by the Defendant ordinarily caused death, and there is no circumstance to deem that the victim suffered fatal damage at the time of assault.

A police officer of the East Korean War, who had worked together with the victim immediately before the occurrence of the instant case for a period of two months, did not know at all that the victim was not good in the investigative agency and the court of original instance consistently.