The defendant's appeal is dismissed.

1. Summary of grounds for appeal: misunderstanding of facts, misunderstanding of legal principles, mental and physical disability, and unreasonable sentencing

A. The Defendant did not commit an assault to the extent that it could cause death to the victim by mistake of facts and misapprehension of legal principles.

However, since the victim died of a long-standing old-age, drinking, etc., there was no causal relationship between the Defendant’s assault and the victim’s death, and the Defendant could not expect that the victim would die.

Nevertheless, the lower court found the Defendant guilty of the instant charges that the victim died due to an injury inflicted by the Defendant by misunderstanding legal principles and misunderstanding facts.

B. The Defendant committed the instant crime in a state with weak mental and physical disorder due to the state of junating, and the lower court neglected this.

C. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s argument as to mistake of facts and misapprehension of legal principles and found the Defendant guilty of the instant facts charged on the grounds of the following circumstances acknowledged by the evidence of the judgment.

In other words, the victim got her face from the defendant for a long time, and died from the defendant's face. There is no evidence to deem that there was another external ability on the part of the victim, such as the victim's head, etc., during the time when the victim was abused by the defendant, and died.

As a result of the autopsy against the victim, a trace of the victim’s face was observed, and the autopsy expressed the victim’s opinion that “the head and face functioned in many places, and resulting in a fatal sacratic sacratic sacrosis. The blood alcohol concentration is about 0.279%, but it is difficult to consider the victim as a direct private person.”