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

An applicant for compensation shall be dismissed.

Punishment of the crime

On April 30, 2018, the Defendant assaulted the victim, such as the victim's face twice by drinking home, and booming the victim's boom by hand, while working in the E church in the Gun where it is located in the Gun, 11:30 on April 30, 2018, for the victim F (53 tax) and working methods.

On April 30, 2018, the victim died from the h hospital emergency room located in Chungcheongbuk G due to the death of the victim due to the h hospital emergency room located in Chungcheongbuk G to the h hospital emergency room located in Chungcheongbuk G.

As a result, the defendant committed violence against the victim, resulting in the death of the victim.

Summary of Evidence

Application of Acts and subordinate statutes of response to requests for inspection of the defendant's partial legal statement I, J, and K, the scene of police statements by the defendant, the examination report of the victim's death, the examination report of the victim's death, the examination records, and the examination report of the victim's death; and

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Determination as to the defendant's assertion under Article 32 (1) 3 and Article 32 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation)

1. The summary of the argument is that the defendant made two confrontations.

Since it is doubtful whether a victim can die, it is argued that there was no causal relation between violence and the death of the victim and that the victim could not have predicted the death of the victim.

2. Determination

A. Since the crime of death by assault is an aggravated crime, it must have a substantial relation between the act and the serious result, there is a possibility of predicting the result of death, and the existence or absence of such possibility should be strictly determined by strictly examining specific circumstances, such as the degree of assault and the response status of the victim (see Supreme Court Decision 2005Do186, Mar. 25, 2005, etc.). B. In accordance with the above legal principle, this court has adopted and investigated it lawfully.