The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. According to the summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principle), the evidence submitted by the prosecutor, it is recognized that the defendant caused the death of the victim by preventing the victim from being killed with the intent of murder.

2. Determination

A. A. A prosecutor of the ex officio judgment maintains the original facts charged (the homicide which the court below found the Defendant not guilty) as the primary facts charged at the trial, and applies for permission of this court to amend the Bill of Indictment containing the same content as the description in the column for “criminal facts” as the ancillary facts charged, “the death of an assault” as the conjunctive crime, and “Article 262 and Article 260(1) of the Criminal Act” as the preliminary application law.

As seen below, inasmuch as this Court rendered a not guilty verdict of the primary facts charged and found a guilty guilty of the facts charged added in preliminary, the judgment of the court below that only the primary facts charged can not be maintained as it is.

However, as to the primary facts charged, it is still judged below as it falls under the subject of a trial by this court.

B. 1) The lower court, based on the evidence submitted by the prosecutor, proven that there is no reasonable doubt that there was a conclusive or dolusent intention to kill the victim, solely on the evidence submitted by the prosecutor, to the extent that there is no reasonable doubt as to the primary facts charged.

For the reason that it is insufficient to see, it was pronounced not guilty.

A) The Defendant had no intention to kill the victim consistently from the investigative agency.

As the statement is made, considering the consistent statement and objective circumstances of the defendant, the specific method and circumstances of the crime as follows, it does not seem that the defendant had the intent to kill the victim.

(1) The Defendant did not intend to prevent the victim from suffering from the beginning, but did so.