All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles in the course of dispute with the victim at the time stated in the facts charged in the instant case, the Defendant 1 took the victim’s neck in her hand in the course of dispute with the victim, but did not cause the victim’s death by getting the victim’s head faced with the wall or floor, etc., and did not result in the victim’s death. 2) The lower court’s punishment of unfair sentencing (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of facts in a criminal trial must be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. If there is no evidence to form such a conviction, the Defendant’s interest should be determined by the fact-finding even if there is doubt of guilt. However, such doubt-finding should not be necessarily formed by direct evidence, unless it violates the logical and empirical rules, and it is formed by indirect evidence. Even if indirect evidence does not have full probative value as to the facts of crime individually, if it is deemed that there is a comprehensive probative value that can not be established by one’s own examination under mutual relation, the facts constituting a crime can also be acknowledged (see, e.g., Supreme Court Decision 2001Do4392, Nov. 27, 2001). The lower court’s judgment and the lower court’s judgment duly adopted and examined the following evidence, and the Defendant’s residence at 20Da4392, Feb. 16, 2012 can be acknowledged:

B) At the same time, at October 7, 2012, two or more of the loans of this case have been lent around 02:00 (B).