All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, the confession statement on the second assault of this case made by the Defendant at the prosecution does not have any credibility of performance, and even if the Defendant used the victim as the facts charged, the Defendant committed the assault.

Even if there is no substantial relation between the violence and the death of the victim, and the defendant should be acquitted of the charge of the death of the assault of this case because there is no possibility of predicting the death of the victim, but the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts or in the

2) The sentence of the lower court (four years of imprisonment) that is unfair in sentencing is too unreasonable.

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

2. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles alleged in the lower court’s assertion, the lower court rejected such assertion on the following grounds: (a) detailed circumstances were stated in the item of “determination on the assertion of the Defendant and the defense counsel” (the last 2 pages or 14 page 12 of the lower court’s judgment).

Examining the evidence duly admitted and examined by the court below, a thorough examination of the evidence reveals that all the circumstances presented by the court below are just and acceptable, and considering the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below as to the possibility of predicting the victim's death, the credibility of the defendant's confession statement concerning the second assault against the victim, the relation between the defendant's assault and the victim's death, and the possibility of the victim's death can be recognized.

① When the Defendant returned to the place immediately before the second assault in this case, the Defendant showed that the victim was brupted with the snow brupter, who was so drunk than ordinary brush, and the victim was the victim.