A defendant shall be punished by imprisonment for three years.

A. The Defendant’s mistake of facts cannot be deemed as the death of the victim, and it is highly probable that the victim died from the assault that was inflicted by another person other than the Defendant.

B. The five-year imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant also presented the same assertion in the lower court, and the lower court rejected the judgment in detail under the title “determination on the argument of the Defendant and the defense counsel” in the written judgment.

Examining the judgment of the court below in comparison with the records, it is just and acceptable, and there is no error of law that affected the judgment by misunderstanding the fact.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the Defendant made an influorous assault against the victim to cause his/her death. The Defendant abandoned the victim who has been seriously injured by his/her own assault and deserted his/her place of crime, thereby resulting in the victim’s death due to excessive blood transfusion, etc.

In addition, taking into account the fact that the victim's mental impulses are significant due to the victim's sudden death, the criminal records and the violent inclinations of the defendant who is inferred by the circumstances of the crime in this case, a serious punishment against the defendant is requested.

However, even if the result of death is very serious, it is reasonable to impose a minor liability in light of the fact that the crime of this case appears to have been committed in a situation where the victim did not have any particular malicious appraisal, and in addition, it is against the fact that the defendant was committed in the course of the trial, and there is a favorable change in circumstances, such as agreement with the victim's bereaved family.