All appeals by the prosecutor and the defendant are dismissed.

1. The lower court’s judgment, which dismissed the application for compensation filed by B, but the judgment dismissing the application for compensation, became final and conclusive immediately as it was impossible to file an objection pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

(a) Public prosecutor: The sentence of the lower court (three years of imprisonment) shall be too unhued and unreasonable;

B. Defendant: The lower court’s punishment is too unreasonable.

3. The grounds for appeal by both parties to the judgment are examined.

The lower court, as indicated in its reasoning, determined a sentence against the Defendant by comprehensively taking into account various sentencing conditions in the instant case, based on the following circumstances (such as the occurrence of a serious result of the death of a victim, failure to recover damage, and failure to obtain a letter from his/her bereaved family members) and G (the fact that a criminal act is recognized and reflected, the fact that there was no history of punishment in the Republic of Korea, contingent reduction, the possibility of death of the victim, and the fact that it was not foreseeable to raise the possibility of death of the victim).

Although the victim only fighting with the victim's body in the process of expressing fighting between the defendant's body and another body, the result resulted in a serious result of the victim's death. Nevertheless, as long as the defendant still did not receive a letter from his/her bereaved family because he/she did not harm the damage recovery until the appellate court, the defendant has no strong criminal responsibility corresponding to the crime despite the various circumstances inside the appellate court.

On the other hand, the death of the victim resulted in serious consequences.

Even if there is room to regard it as a somewhat contingent accident that is difficult for the defendant to easily predict the occurrence of the result, it is attributable to the tendency of the defendant's life.