The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, while under the influence of alcohol, did not cause a victim to appear in a proper place, and did not have any fluorous relationship between the Defendant’s act and the result of the victim’s death.

B. The sentence sentenced by the court below to the defendant (three years and six months) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As a result of the crime of death by assault, the likelihood of the result of the death should be presumed to have been negligent, i.e., the likelihood of the occurrence of the death, in addition to the causal relationship between the consequence of assault and the death, and the existence of such predictability should 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.). Furthermore, even if the victim’s suicide or medical negligence, etc. were to be jointly caused by the victim’s death, as long as the Defendant’s act was a serious cause for the result of the death, there is considerable relation between the Defendant’s violence and the death

We can see (see, e.g., Supreme Court Decisions 84Do831, 84Gado129, Jun. 26, 1984; 89Do556, Oct. 13, 1989). (b) The following facts are acknowledged according to the evidence duly adopted and investigated by the court below.

① On October 20, 2017, around 13:36, 2017, the day of the instant crime, the victim was under the influence of alcohol in the vicinity of H elementary school, and was frighted by the Defendant and J, and frighted on the road in India.

Although the Defendant attempted to cause the victim to feel up, the Defendant took several times with the victim’s head and face by hand, taken several times with the victim’s head and face by hand, taken several times with the victim’s head, and taken several times with the victim’s chest, ship, side glass, and mari, etc.

In the course of such violence, the victim is taking the head of the defendant by taking the ground alone.