The prosecutor's appeal is dismissed.

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (five years of suspended sentence for imprisonment with prison labor) shall be too unhued and unreasonable;

2. The crime of this case is found to have resulted in the death of a victim who was living in the same kind of the Defendant, causing the injury, causing the death of the victim, and thus, the victim has lost a minor life above all, and the bereaved family members of the victim have suffered from the mental shock and pain to the token due to the death of the victim.

However, it is also recognized that there are favorable factors for sentencing, such as the fact that the Defendant has remarkably divided his mistake into one’s own, the fact that the victim committed the crime of bodily injury in this case in a way that the victim took a bath to the Defendant with drinking alcohol, and that the victim’s bereaved family members and the bereaved family members have agreed smoothly.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed appropriate, and it is deemed unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.