A. misunderstanding of facts: The prosecutor was indicted for the crime of assault and bodily injury inflicted on the victim D at the fifth trial of the court below, but applied for the name of the crime, applicable provisions, and changes in the indictment, and the judgment below was changed by granting permission.

In full view of the results of the autopsy and autopsy of the victim D, the above victim should be deemed to have caused the Defendant's assault and thereby caused the Defendant's death.

In other words, in the process of fighting with the defendant, the victim's body suffered tear in the upper part of the right part due to the price of the defendant, and faced with the upper part of the left head in the floor or the test, and died due to the climatic blood, brain-resistant internal blood, brain side, brain side, brain side, etc.

Even if the victim D did not go beyond the time when the victim was assaulted by the defendant, and died after being mixed with the defendant's house, this is beyond the situation where it is difficult for the victim to take away his body due to the shock that became the head at the time of the defendant's assault, so the causal relationship between the defendant's assault and the death of the victim is recognized.

Around 04:00 of the day following the arrival of the victim D with the victim, the defendant thought that the above victim was at the victim's home and was in danger of life due to the assault of the defendant, and that the victim was at the above victim's home. Thus, the defendant should be deemed to have the possibility of predicting the death of the above victim.

Nevertheless, the lower court rendered a not-guilty verdict on this part of the charges by misunderstanding facts.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, two years of probation, community service, 120 hours of imprisonment) is too uneased and unreasonable.

2. Determination

A. The Defendant of this part of the facts charged on the assertion of mistake of fact-finding on January 1, 2017