The defendant's appeal is dismissed.

The defendant, who is aware of the summary of the grounds for appeal, only took 2 to 3 times the victim's face by hand, and instead assault A more seriously.

There is no relation between the violence of the defendant and the death of the victim, and there is no possibility for the death of the victim to the defendant.

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

Judgment

The crime of death or injury caused by assault against a mistake in fact is an aggravated crime as a result of assault and death, i.e., the predictability of the result of death, in addition to the causal relation between the consequences of assault and death, and the existence of such predictability ought to be strictly determined by taking into account specific circumstances, such as the degree of assault and the response status of the victim (see Supreme Court Decision 90Do1596, Sept. 25, 1990, etc.). The probative value of evidence is left to a judge’s free judgment, but the judgment ought to be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial is to the extent that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and the rejection by causing a suspicion that has no reasonable grounds to acknowledge probative value may not be allowed as exceeding the bounds of the principle of free conviction.

The term “reasonable doubt” refers to a reasonable doubt as to the probability of a fact that is not inconsistent with the facts required based on logical and empirical rule, rather than all questions and correspondences, and it cannot be said that the doubt based on conceptual or abstract possibility is merely included in a rational doubt (see, e.g., Supreme Court Decision 2004Do2221, Jun. 25, 2004). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the trial court, the defendant is a person who is the defendant.