The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. As to the summary of the reasons for appeal (four years of imprisonment), the defendant asserts that it is too unreasonable for the defendant to be sentenced to imprisonment with prison labor, and the prosecutor asserts that it is too uneasible and unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower judgment, which returned to the instant case, is too heavy in light of the substance of the specific case, or is too unreasonable.

1. The court below held that ① in light of the fact that the defendant's criminal act resulted in a serious result that the defendant's death, the responsibility for the crime is very heavy, the defendant's act of assault, such as prices of face on the part of the victim, which was written without having been faced by his head on the floor at the time of the victim, and the method and degree of the assault is considerably heavy, the victim seems to have lost his/her face in a considerable pain, and the damage cannot be recovered by any means, and the defendant denies the crime while making a vindication that is difficult for the defendant to obtain the victim's death in an investigative agency, and the defendant is the defendant.