The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Although the defendant could not have predicted that his assault would result in the death of the victim, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. On January 15, 2013, around 03:22, the Defendant’s summary of the instant facts charged against the Defendant: (a) was at the central passage of the 3rd floor in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, the Defendant heard from the victim D (the 50-year-old) who was leeped to criticize the Defendant’s smoking; and (b) caused the Defendant’s death by the heart disease of the heart at around 04:40 on the same day by cutting down the head of the Defendant’s chest with the victim’s chest by fasting the remainder of the leep-gu accident.

B. According to the evidence duly adopted and examined by the court below, the court below judged that the victim suffered from heart disease such as disability 3 degree due to the heart and the fladrosis of September 29, 2008. However, according to the above evidence, the defendant continued to do so for about 18 years as the owner of a strong body 161cm and 90 km in the body. Such defendant was pushed down with the victim at the time of the crime of this case, and caused the victim to suffer from the fladrative disease, and the victim did not run directly on the bottom of the fladrat, and the defendant seems to have suffered from the fladrative disease. In light of the above facts, the defendant's act of violence, which led to the death of the victim.