The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date the above judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts does not have the victim’s face one time by drinking, and instead, the victim tried to see the Defendant and went beyond the floor of the victim’s face, and the Defendant left the scene to avoid fighting with the victim, but the lower court erred by misapprehending the fact that the lower court recognized the Defendant as having committed assault against the victim.

(2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. In light of the prosecutor (1) misunderstanding of facts (1) (as to the death of assault, etc. which was found not guilty of the ground), the court below erred by misapprehending the fact that the defendant could have predicted the death of the victim at the time of assaulting the victim in light of the following: (a) the victim was aged (the age of 69) and was under the influence of alcohol at the time of making once the victim's face drinking; (b) the act of pricing the side of the victim's face was able to cause cardiomacy diseases; and (c) the acute cardiomacy, which is a private person of the victim, could not cause rare diseases; and (d) the defendant could have predicted the death of the victim at the time of assaulting the victim; (b)

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

2. Determination

A. The lower court consistently stated that ① the witness F who observed the instant crime was witness of the Defendant’s assertion of mistake of facts: (a) “In the first time, the Defendant and the victim were able to take the place from a distance to a distance of the investigation stage and the court of the lower court, and the Defendant am at the same time, and the victim am in the future, and the victim am at the right place, and the victim took a dispute with one another; and (b) during the Defendant’s escape to another place, the Defendant appeared at one time at the face of the victim’s face.”