However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On May 30, 2016, at around 20:0, the Defendant, while drinking alcohol with the victim F (69 years of age) known in Gyeyang-gu Incheon Gyeyang-gu D, had the victim take a bath to himself/herself, he/she gets out of her with the victim and her breath, and her body was pushed back with the victim's body, so the head was faced with the victim's head, and the victim was faced with the victim's 1.5 cm size of 1.5 cm from which the number of treatment days cannot be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to H, I, G, and J;

1. Each written opinion, medical record, response to the entrustment of appraisal, death medical certificate, and reply to the request for medical advice;

1. A victim's photograph, on-site photograph, and a copy of medical record;

1. Determination as to the assertion by the Defendant and the defense counsel for each investigation report

1. The gist of the assertion was that the Defendant dumpeded the victim’s hand with his fat, and did not have the victim’s body, and thus, the Defendant did not have the victim’s body. The Defendant’s act constitutes a legitimate defense.

2. Where it is reasonable to view that the perpetrator’s act of attacked with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unfair attack, and that the perpetrator’s act of attacked with one another and went against it, it cannot be viewed as a legitimate defense because it has the nature of the act of attack at the same time as the act of attack (see Supreme Court Decision 200Do228, Mar. 28, 200). In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense should be socially reasonable in light of all specific circumstances, such as the type, degree, method of infringement, the completion of the act of infringement, and the type and degree of legal interest to be infringed by the act of defense (see Supreme Court Decision 200Do228, Dec. 22, 192).