2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

On March 2015, the Defendant borrowed KRW 100,000 from the victim and did not pay it. The Defendant was urged to pay it from the victim.

Around 00:00 on June 22, 2015, the Defendant was in dispute with the victim as a matter of repayment of the above loan borrowed, and the victim was in assaulted with the Defendant, such as going beyond the floor and drinking the Defendant’s face. When the victim’s face was taken one time from the face of the victim due to drinking that occurred on the floor, the Defendant died around June 26, 2015 on the top of the 1t truck, which the victim went back to the back and was parked in the parking lot of the instant apartment house, with the back of the head, and the back of the head was faced with the injury, such as blood transfusion, and sent back to the 774-lane hospital in Nam-dong, Nam-gu, Incheon, Nam-gu, Incheon, and died on June 26, 2015. < Amended by Presidential Decree No. 26387, Jun. 206>

This resulted in the death of the victim by assaulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police statement of the E, F, and G;

3. A death certificate and a written autopsy and appraisal report;

4. Application of each statute of photography;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order

1. The summary of the assertion was not predicted that the victim was dead at the time of assaulting the victim.

2. Determination

A. The crime of death by assault is an aggravated crime, and not a causal relationship exists between the result of assault and the result of death, that is, there should be negligence, i.e., predictability of the result of death, and the existence of such predictability is strict by examining specific situations, such as the degree of assault and the response of the victim.