The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the reasons for appeal by the prosecutor is unreasonable because the sentence imposed by the court below (two years and six months of imprisonment, and three years of suspended execution) is too unhued.

2. The victim C caused fighting, and the Defendant committed a crime in the course of setting up against C’s assault, and there is a favorable circumstance for the Defendant.

① However, the degree of injury suffered by the Defendant’s assault is not easy, but the Defendant’s crime results that it was impossible to follow the death of the Victim G due to the Defendant’s death; ② fightings by the Defendant and the victims were caused by the Defendant’s assault; however, the Defendant was in the nature of active attack rather than the defense against opposite attack, such as forcibly taking the part of the victim G with right drinking, and the method of assault was also in danger; ③ the Defendant was in the absence of an intent to commit an assault before it only when K, who ceased to commit an assault, was 119 and was used on the floor after the fighting; ④ it is difficult to view that the Defendant’s bereaved family member was unable to receive relief measures, such as subsequent transmission to the hospital after the date of the fighting; ④ it was difficult to deem that the Defendant’s bereaved family member was unable to receive property damage from the date of the lower trial to the date of his/her death after receiving the victim’s 120 million won or more; ⑤ it was difficult to view that the Defendant’s bereaved family member was unable to receive property damage from G.