The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The court below's progress and the court below held that the defendant cannot be punished according to the example of co-principal's co-principal's co-principal's crime of death since the result of the victim's death is merely a result of the victim's assault and cannot be viewed as a result of the defendant's assault, and thus, the special exception provision of Article 263 of the Criminal Act under the premise that the act of death

However, the lower court found the Defendant guilty of the assault crime included in the facts charged in the instant case and sentenced the Defendant to a suspended sentence of two years, probation, and community service order of two hundred hours in one year and six months, and the prosecutor appealed against the lower judgment on the ground of mistake of facts

2. 검사의 항소이유의 요지 B이 피해자의 머리를 바닥에 찧는 행위를 하였으나 대측 충격손상을 일으킬 정도의 강도에 이르지 못하였고, 피고인이 양 손으로 피해자의 머리 부분을 수회 때린 행위는 적어도 머리의 세찬 흔들림을 줄 정도의 외력에 해당하므로, 피해자의 직접적인 사망 원인인 경막하 출혈을 일으킨 것은 B의 폭행행위일 수도 있고, 피고인의 폭행행위일 수도 있다.

Ultimately, since only one of the assault B and the assault committed by the Defendant does not prove that only one of the assault was the cause of the death of the victim, the defendant should be punished in accordance with the special exception of the set-off clause of Article 263 of the Criminal Code in accordance with the case of the joint principal offender

3. Prior to the judgment on the grounds for appeal ex officio, the public prosecutor changed the applicable provisions of law to “Articles 263, 262, 260(1), 259(1), and 30 of the Criminal Act” in “Articles 263, 262, 260(1), and 259(1) of the Criminal Act” before the judgment on the grounds for appeal ex officio, and the public prosecutor filed an application for changes in indictment with regard to the charge as stated in paragraph (1) below, and the same is subject to the judgment by the court.