The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) No objective evidence exists to acknowledge that the victim’s death was caused by the Defendant’s assault, and the possibility of predicting the relationship with the Defendant cannot be ruled out that the victim who suffered from a usual disease was suffering from his/her head while the victim was tending to have been suffering from his/her head.

2) The illegality of the Defendant’s act of assaulting the victim constitutes a legitimate defense for the protection of the mother of the Defendant’s mother is eliminated.

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

2. Determination of misunderstanding of facts or misapprehension of legal principles

A. As to the assertion that the injured party is not dead due to the Defendant’s assault, the probative value of evidence is left to a judge’s free judgment, but such determination must be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such 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 of having probative value without reasonable grounds is impermissible as exceeding the bounds of the principle of free evaluation.

The term “reasonable doubt” in this context refers to a reasonable doubt as to the probability of facts that cannot be matched with the facts that are in need of proof based on logical and empirical rules, rather than all questions and correspondences, and the suspicion based on conceptual or abstract possibility cannot be deemed as included in a reasonable doubt (see Supreme Court Decision 2004Do221, Jun. 25, 2004, etc.). In full view of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial party, the Defendant’s assault and the victim’s death.