The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the crime of mistake of facts or misapprehension of the legal principle, the Defendant did not have a possibility to anticipate the occurrence of serious injury.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts or by misapprehending the legal doctrine on serious injury, thereby adversely affecting the conclusion of the judgment.

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

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant and the victim committed fighting with ballebbage and fighting near the car owned outside of the funeral hall. During that process, the Defendant was sealed by the victim, and the victim suffered serious injury on the head of the local wound, etc., where the head was faced with the head in the front balp, and the victim was in a state of unknown food for a long time.

The head of a person's body is an important part in connection with his/her life. It is sufficiently foreseeable that the defendant's above act may cause serious danger to the victim's life if the victim faces a spack floor or a part of his/her body in a short range of objects, such as the string of the asphalt floor or the fences of the vehicle, due to the loss of balance, and that such result cannot be said to be an exceptional or difficult for the general public.

Therefore, this part of the defendant's assertion is rejected.

B. The instant crime on the assertion of unfair sentencing is a case where the Defendant took back the victim’s back water once, flapsing and pushed down the victim’s head on the top of the head of the vehicle, and the victim was faced with the head on the top of the head of the vehicle, and the awareness of the victim was not recovered even though the victim was under the pressure clibing and the clibing of blood species.