The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the victim of misunderstanding of facts and misunderstanding of legal principles have claimed a pain immediately after the face from the defendant and received a diagnosis by changing the hospital in person, and that it is not confirmed that the victim's hair is unique transfer or other external force than the defendant's act has not been corrected, a proximate causal relation between the harmful act by the defendant and the injury of the victim's blood transfusion is recognized.

In light of the fact that even if the defendant takes the face of chest at the end of a mutual dispute with the victim one time, the victim tried to report it to 112 in the process of dispute, and that the harmful act of the defendant seems not to have been insignificant, it is probable that the elderly victim may suffer greater damage due to the harmful act of the defendant.

Nevertheless, the judgment of the court below that there is no causation and possibility of expectation between the harmful act of the defendant and the death of the victim.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of three million won) is too unjustifiable.

2. Determination on the grounds for appeal

가. 사실오인 및 법리오해 주장에 대하여 ⑴ 이 부분 공소사실의 요지 피고인은 2012. 2. 6. 02:20경 대전 대덕구 G에 있는 ‘H사우나’에서, 피해자 C(73세)이 잠을 자는 사이에 피해자가 보고 있던 텔레비전을 껐다가 그 사실을 알게 된 피해자가 피고인을 찾아와 피고인의 멱살을 잡고 손을 비틀자 같이 피해자의 멱살을 잡고 가슴부분을 밀쳤다.

In addition, the Defendant refers to the victim's 112 report on his cell phone, and the victim's face at one time, who intends to pay a 112 report on his/her cell phone, and the victim's face is "the blood of an external wound with no open address," etc.