The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

가. 피고인 (1) 사실오인 피고인은, 자신의 6살 된 딸이 권총을 보여달라고 졸라서 격발하는 시늉을 하고 총집에 넣으려고 하던 중, 딸이 총을 달라며 갑자기 달려들어 이를 피하기 위해 방향을 바꾸는 순간, 앉아있던 피해자가 일어나다가 권총에 머리를 부딪쳐 격발된 것일 뿐, 피고인이 피해자를 살해할 고의를 가지고 공포탄을 격발한 것이 아님에도, 원심은 사실을 오인하여 이 사건 공소사실을 유죄로 판시하였다.

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. (1) The lower court’s determination on the assertion of mistake of facts is as follows: ① the Defendant’s aforementioned assertion of mistake of facts: (i) there was no more than six years of marriage with the victim and there was a divorce because the Defendant was the principal cause for the victim’s consumption behavior; and (ii) the victim did not appear in the court before the occurrence of the case; and (iii) the Defendant did not return home without telephone from the day immediately before the occurrence of the case; (iv) the Defendant was very rough and visible; and (iii) the Defendant was in the beauty room in the presence of the customer and lent 120,000 won prior to the marriage; and (iv) the Defendant confirmed that there was three ball and blank cartridges while working in the morning on the day of the instant case; and (v) the victim was able to remove the victim’s face with his/her face and put him/her up his/her face to the face with his/her seat.