A. Although the Defendant made a mistake of facts in drinking, there was a fact that 4 to 5 times the victim’s head was frighten, there was no causation between the Defendant’s assault and the victim’s death in light of the degree of the assault, and at the time of the assault, at the time of the assault, the Defendant could not have predicted the death of the victim.

Nevertheless, since the court below found the defendant guilty of the facts charged in this case, it erred by mistake of facts.

B. The sentence imposed by the lower court (two years of imprisonment) on the ground of unfair sentencing is excessively unreasonable.

2. Determination

A. Since the crime of assault against a mistake of facts is an aggravated crime resulting in death, there should be a proximate causal relation between the act and the relevant serious result. Moreover, there should be predictability for the result of death, and the existence of such predictability should be strictly determined by taking into account specific circumstances, such as the degree of assault and the response of the victim.

(See Supreme Court Decision 90Do1596 delivered on September 25, 1990). In light of the following: (a) I’s statement at the investigative agency and court of law; (b) the reproduction of the situation at the time of the I’s witness; (c) the details of N’s 112 declaration (a unilateral assault of a person in the next place) and the details of the report (a unilateral assault of a person), etc., the Defendant unilaterally recognized the facts of assaulting the victim as stated in the facts charged at the time of the instant case.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, (i) the degree of assault by the defendant was deemed to have been less severe; (ii) the victim was on the head of the same head as the victim who was assaulted by the defendant as a result of the autopsy and was presumed to have died of the victim's acute hemosis in connection with the credit; and (iii) the police was reported by N around 21:44 on May 15, 2012.