At around 20:00 on December 1, 2014, the Defendant: (a) while drinking alcohol with the victim E (57 years of age), D, and F, who was known at the house of Heungsi City, C apartment, Cdong 602, and Cdong 602; (b) on the ground that the victim made a speech to disregard the victim, the Defendant was injured by her face 2:3 times at the time of the victim’s eye and her face, and accordingly, the victim was killed by cerebral cerebriform, etc. at the same place on December 2, 2014 at the same time as 0:10 on December 2, 2014.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of witness D and F;

3. Each police statement made to D or F;

4. A written autopsy report and a written autopsy and appraisal report;

5. Application of each statute of photograph;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 259(1) of the Criminal Act regarding criminal facts

1. The gist of the assertion was that the Defendant did not commit an assault to the extent sufficient to cause the death of the victim. Since the victim died in a state that is not healthy due to long-standing old-age and drinking, etc., there was no causal relationship between the Defendant’s assault and the victim’s death, and the Defendant could not have predicted that the death of the victim was the death of the victim.

2. Determination

A. As a result of the crime of death by assault, not only the causal relationship exists between the consequence of assault and death, but also the predictability of the result of death must be by negligence, i.e., the predictability of the result of death. The existence of such predictability should be strictly determined by taking into account specific circumstances, such as the degree of assault and the response status of the victim (see Supreme Court Decision 90Do1596, Sept. 25, 1990). This legal doctrine applies to the crime of death by bodily injury.

B. Comprehensively taking account of the following circumstances revealed by the evidence adopted and examined by this court, the Defendant inflicted an injury upon the victim’s face by taking approximately two to three times on the part of the victim’s face by drinking, thereby resulting in the victim’s blood transfusion.