Defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Criminal facts

Around 10:40 on February 20, 2019, the Defendant was getting from 3rd to 2nd floor of the “C” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, on the following: (a) the victim D, who was getting out of stairs, was pushed away from the bottom of stairs; and (b) the victim was faced with nearby the middle stairs between the 3rd and the 2nd floor.

After that, while the victim was under medical treatment after being transmitted to E Hospital by 119 emergency medical service teams, it was caused by cerebral paralysis in E Hospital around 13:50 on February 24, 2019.

This resulted in the death of the victim by assaulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's office and the police's statement concerning F;

1. Investigation report (victim's response to written appraisal by autopsy);

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the crime of assault under Article 260 of the Criminal Act refers to the exercise of unlawful tangible force against a human body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of pain inflicted on the victim, etc. (see, e.g., Supreme Court Decision 2009Do6800, Sept. 24, 2009). The following circumstances recognized by the evidence duly adopted and duly examined by the court, namely, (i) the statement that the F who observed the criminal situation was made by the Defendant getting out of the third to the second to the second to the second to the left part of the victim, and (ii) the Defendant appears to have pushed up the victim's shoulder before the use of his hand intentionally, and (iii) the degree of the victim's loss to the extent that the victim lost its understanding.