The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. Although the evidence submitted by the prosecutor sufficiently recognizes the facts charged against the death resulting from assault, the lower court rendered a not-guilty verdict on this part of the facts charged. In so determining, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (six months of imprisonment, one year of suspended sentence) is too minor.

2. Prior to the judgment on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment with the content of changing the contents of the assault as stated in the attached Form, and the subject of this Court’s permission was changed by this Court. Thus, the judgment below was no longer maintained.

3. Therefore, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for appeal are reversed ex officio. It is so decided as follows.

【The Reasons for the Judgment in force】 The defendant and the victim D (n, 60 years of age) in the criminal history room were in the relationship from around 2015 to the annual relation.

On February 27, 2017, the Defendant reported the appearance of another male from the victim's house located in E around 02:00 on February 27, 2017, and destroyed cremation, chairs, glass windows, etc. located in the room of the victim, and faced with the body of the victim and head cremation.

The facts charged changed in the trial of the party are as follows: "The body of the victim is gypted in several times, the body of the victim is frightened in the future, the body of the victim is frightened in the future, the body of the victim is over the floor of the room in the future, and the body and head of the victim are faced with the part of the cremation in the body of the victim and the body of the head in the place.

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