The prosecutor's appeal is dismissed.

1. As to the summary of the grounds of appeal, the victim’s physical fighting and assault between the defendant and the victim had a flick fighting and assault between the defendant and the victim, and the degree of assault committed by the defendant is not less than that of the victim. Among the various factors resulting in the victim’s death in this case, the victim’s assault and the victim’s emotional reliance on the victim’s emotional reliance on the victim’s emotional e.g., the victim’s heart disease, conjection weather, and the victim’s face face face were taken as head, and it is difficult to see that the victim died solely from the victim’s act of violence and the victim’s death.

Next, with regard to the possibility of predictability, the defendant has been aware of the fact that the heart disease of the ordinary victim was a very serious situation, but he was unable to make his own appraisal and caused the victim's death, so the possibility of prediction is also recognized.

2. Determination

A. The lower court, first of all, determined as follows: (a) whether the Defendant’s assault and the victim’s death have a substantial causal relationship; (b) the evidence presented; (c) the police statement protocol of F, D, and G and each police statement protocol of F, D, and G; (d) the report and recommendation of the occurrence of a defense incident; (c) the autopsy report of the National Institute of Scientific Investigation of Korea, and the doctor H’s death report; and (d) the following circumstances, namely, (i) the Defendant and the victim were in the process of making a stop with the Defendant, and the victim was expected to have been dead; (b) the Defendant and the victim were satched in the process of making a stop with the Defendant; and (b) the Defendant did not look at the victim’s face on 1 to 2 occasions; and (b) the victim was not a unilateral assault by the Defendant, such as the victim’s head, and (c) the CCTV was submitted as evidence; and (c) the Defendant and the victim did not claim the victim during 5 minutes.