The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Erroring facts or misunderstanding legal principles (1) The same meaning is the same as the assault of a general assault. According to the Supreme Court precedents, the act of using abusive language, taking a bath, or displaying or taking a hand or an article at the same time with the physical location close to the body was not directly contacted by the body of the victim.

Even if it constitutes violence by exercising illegal force against the victim, it should be considered that the defendant's act of assault that can be recognized as the exercise of illegal force against the victim including the victim's bucks once by buckbucks.

(2) In the instant case, the Defendant’s 72-year-old victim’s 72-year-old victim’s ties, which are dangerous articles, such as disputes, were committed with each other due to mutual appraisal, and assaulted the victim’s head with bucks, and the escape took place until the victim gets away. In such a situation, it is sufficiently foreseeable that the elderly victim with ordinary heart disease could die due to physical and psychological pressure.

(3) Therefore, despite the possibility of expectation that the victim may die due to the Defendant’s assault, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the above part of the facts charged on the grounds of lack of predictability, or by misapprehending the legal doctrine, thereby adversely affecting

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for one year’s imprisonment) is too uneased and unreasonable.

2. Determination

A. (1) The summary of the facts charged of this case’s indictment concerning mistake of facts or misapprehension of the legal doctrine is that the victim’s head who was seated at the victim’s office located in Ansan-si F around April 23:30, 2012.