The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, it is reasonable to view that the defendant could have predicted that the victim would die due to his/her assault, but the judgment of the court below which acquitted the defendant of the charge of assault and death on the ground that there is no possibility of expectation of the victim's death.

The sentence of the court below (six months of imprisonment) is too unhued and unjust.

B. The Defendant did not engage in assaulting the victim’s body against the floor by populated the victim’s body.

The sentence of the court below is too unreasonable.

2. Determination

A. As to the prosecutor's assertion of mistake of facts, the court below's decision 1 is based on the legal principle that the defendant and the victim's physical contact had less than 1 minute time and 2 union employees did not contact the defendant and the victim. The degree of assault by the defendant is the degree of the victim's left face, and it is difficult to view that the defendant's assault was serious in light of the circumstance that the victim was deprived of the victim's response to the floor, and that the scope of predictability was expanded and interpreted as soon as possible, thereby pointing out the purport of harmoniousing the principle of liability with the result aggravated crime under Article 15 (2) of the Criminal Act.