The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant did not have a conclusive intention to believe that the defendant was guilty of facts in the summary of the grounds for appeal.

The main reason for the death of the victim was that of the sick, and the defendant was not aware of it.

Nevertheless, the judgment of the court below which recognized the possibility of serious consequences of the death of the defendant is erroneous in the misapprehension of deliberation and fact.

Considering the specific circumstances in which the excessive defense defendant has exercised tangible power, excessive defense can be recognized in excess of reasonableness.

Nevertheless, the judgment of the court below which denied excessive defense by recognizing the defendant's active intention of attack, is erroneous in the misapprehension of deliberation and fact.

At the time of the instant case, the Defendant was in a state of mental disorder due to drinking.

Nevertheless, the court below's decision that did not reduce the defendant's liability is erroneous in fact.

Defendant

The defendant of the prosecutor's wrongful assertion of sentencing: The punishment (4 years of imprisonment) sentenced by the court below is too unreasonable.

Prosecutor: The punishment sentenced by the court below (four years of imprisonment) is too unhued and unfair.

Judgment

Since the crime of injury to the legal doctrine related to the probability of predicting the defendant's assertion of mistake is an aggravated crime, there should be considerable relation between the result of the injury and death, i.e., the predictability of the result of death.

In this context, considerable causal relationship does not necessarily mean that an injury is caused by death or a direct cause, and even if the result of death is combined with other indirect causes that occurred from the injury, the injury is so severe as to have a substantial causal relationship (see Supreme Court Decisions 72Do296, Mar. 28, 1972; 82Do2525, Dec. 28, 1982; 84Do831, Jun. 26, 1984). In addition, even if the injury was caused by another indirect cause that occurred from the injury, the injury was so serious as to have an effect on the death of the victim.

(b).