The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. Since misunderstanding of facts and misunderstanding of legal principles (not guilty in the grounds) the victim immediately used the assault from the Defendant on the floor and died from cerebral blood by facing head on the asphalt floor, proximate causal relation is recognized between the Defendant’s act and the victim’s death.

In addition, considering the fact that the victim was old and healthy, and that the defendant was frequently aware of the victim's health condition, etc. as the tenant living on the first floor of the victim's house, the defendant could have sufficiently predicted the fact that the result of the victim's death may occur due to his/her assault.

Nevertheless, there is no causal relationship between the defendant's assault and the victim's death, and it is difficult to see that the defendant could have predicted that the victim would die at the time of the assault. Thus, the court below erred by misapprehending the legal principles that the court below determined the defendant's act as a special assault only and acquitted the defendant in relation to the death of assault.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too uneasible and unfair.

2. The summary of the facts charged with the part not guilty in the reasoning of the judgment below is the tenant who resides in the first floor of multi-household housing in Bupyeong-si, Busan, and the victim C (the victim) is the owner of the above building and resides in the second floor of the above building.

At around 18:20 on September 30, 2017, the Defendant: (a) followed the door door of D, a tenant of the same floor in front of the foregoing housing, and called “in front of the house,” and said, “in front of the house.” The Defendant maintained the shape of D and the victim who was in front of and following the Defendant’s mother who had the words “not having a mental illness......................) followed the Defendant’s mother, who was in front of the said house, had a view to the victim’s left side by putting alkin, which is a dangerous object cited by the Defendant’s mother, in good hand, and caused the victim to said part.