The punishment of the accused shall be three years of imprisonment.

However, the above sentence shall be executed for a period of five years from the date this judgment became final and conclusive.

Criminal facts

From March 4, 2010 to March 4, 2010, the Defendant is hospitalized in D Hospital located in Kimcheon-si C with compilation-si illness.

Victims E (77) from around 2015 to around 2015, hospitalized treatment was conducted in the above mental hospital due to the symptoms of alcohol dependence, and the alz at the maturity of the disease, and lived in the same ward as the Defendant.

Around 06:50 on July 18, 2017, the Defendant entered the sick room 318 of the above mental hospital, and the victim expressed that “The Defendant gets into the sick room,” and that “the Defendant was able to see the way why she was fright to fright,” and the Defendant was able to fright the body of the victim’s chest with both hand, and caused the victim to die with her head on the floor of the area where she was pushed over, and the victim was faced with her head on the floor, around 09:55 on the following day.

Summary of Evidence

1. Entry of the accused in the first trial record;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of the site and the site, interview with the director of the H division in charge and diagnosis, attachment of a copy of a death certificate), and photographs, diagnosis certificates, medical records, and copies of a death certificate;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following sentencing is considered as favorable to the court below)

1. The summary of the argument is that the defendant could not have predicted the victim's death at the time when the defendant committed the victim by his/her hand. Therefore, the defendant cannot be held responsible for the death of the victim.

2. Determination

A. Since the crime of death by assault is an aggravated crime, there must be negligence, i.e., predictability of the result of death, and the existence of such predictability should be strictly taken into account specific circumstances, such as the degree of assault and response of the victim (see Supreme Court Decision 90Do1596, Sept. 25, 199).