All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court found Defendant 1 guilty of the facts charged in the instant case. The lower court erred by misapprehending the legal doctrine on the possibility of predicting the outcome of the crime, thereby adversely affecting the conclusion of the judgment, on the grounds that the victim’s head was seriously friendly due to a traffic accident prior to the instant case. As such, the Defendant could not have predicted the death of the victim at the time.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Since the crime of death by assault is an aggravated crime as a result, it should have a substantial relation with the act and the result thereof. Moreover, there should be predictability of the outcome of death, and the existence of such predictability should be strictly determined by examining specific situations, such as the degree of assault and the response of the victim.

When the defendant was placed in a cement brick by cutting the cement brick with the victim, and the defendant continued to take back the victim's left face by the considerable force to the extent that the damaged person would go beyond the victim, the defendant caused the victim to go beyond the victim, and caused the cement floor to face the head on the cement floor. Ultimately, the victim caused the death of the victim due to cerebral wave on the same day, and there was a substantial causal relation between the assault by the defendant and the death of the victim.

In addition, the defendant could have predicted the occurrence of the victim's death (see Supreme Court Decision 2005Do186 delivered on March 25, 2005). 2) The court below duly adopted and investigated the victim's death.