A defendant shall be punished by imprisonment for five years.

A. Even if the defendant did not assault the victim, and the fact of assault is recognized, the victim does not die.

B. The lower court’s sentencing (seven years of imprisonment) is too unreasonable.

2. The court below rejected the above assertion in detail on the defendant's assertion under the title "the judgment on the defendant's assertion", which is "the judgment on the defendant's assertion" in the judgment of the court below, with the same assertion as that on this part of the grounds for appeal. Examining the judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of law

The defendant's assertion of mistake is without merit.

3. Judgment on the assertion of unfair sentencing

A. In light of the fact that the crime of this case was committed on the part of the victim, who was the spouse of the defendant, who was committed together for a period of one year and six months, and eventually, the crime of this case was significantly serious in its nature, and that the defendant had sought relief from the victim from time to time, and that the defendant could avoid the crime of this case, it is necessary to strictly punish the defendant, and the sentence of punishment is inevitable.

B. Meanwhile, in light of the following circumstances: (a) the Defendant did not have any special criminal record in addition to a fine; and (b) the Defendant agreed with the bereaved family members and took a mistake into account; and (c) the Defendant’s character and behavior, living environment, motive and circumstance of the crime; and (d) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

C. Therefore, the defendant's assertion of unreasonable sentencing is justified.

4. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is justified, and the following judgment is rendered.

Criminal facts

b) the evidence;