All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (unfair sentencing) on the Defendant (one year and six months) is too unreasonable.

B. In light of the prosecutor’s (misunderstanding of the legal principle on the part of innocence in the reasoning of the judgment below), the victim could have sufficiently predicted the death of the victim due to the Defendant’s assault, in light of the following: (a) the Defendant’s assault part and degree; (b) the witness’s statement; (c) the witness’s statement; (d) the witness’s statement of autopsy; and (e) the victim’s condition at the time

must be viewed.

Nevertheless, the court below found the defendant not guilty of the facts charged of the death of assault in this case and found the defendant guilty of the crime of assault in this case. The court below erred by misapprehending the legal principles on predictability, etc.

2. Determination

A. As to the prosecutor’s assertion of misapprehension of the legal doctrine, the lower court found the Defendant not guilty of the facts charged of the instant assault and death by adopting a verdict of innocence by seven jurors based on the unanimous opinion of the unanimous judge, following the citizen participation trial.

In light of the evidence duly admitted by the court below, the jury's verdict was wrong.

볼 수 없고, 당 심증인 H, G의 각 진술 (H 는 당시 화장실에 갔다 오니 피해자가 넘어져 있었다는 취지로 진술하였고, G는 ‘ 퍽’ 소리를 듣고 쳐다보니 술에 취한 채 피고인에게 시비를 걸던 피해자가 넘어져 있었다는 취지로 진술하였는바, 이들 모두 피고인이 피해자를 가격한 순간 및 피해자가 넘어지는 모습을 직접 목격하지는 못한 것으로 보인다) 및 당 심의 국립과학수사연구원에 대한 사실 조회 회보 서를 살펴보더라도, 원심의 판단에 명백히 반대되는 충분하고도 납득할 만한 현저한 사정이 있다고

As a result of violence and death, it is necessary to predict the consequences of death, i.e., negligence, in addition to the causal relationship between violence and death.