1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment for six months, and the defendant B shall be punished by a fine of fifteen thousand won.

3...

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (eight months of imprisonment, two years of suspended sentence, and eight hours of community service order) is too unreasonable.

2. The crime of this case was committed by the defendants without any safety device when the defendants were aboard the victim without any safety device, and operated the scambling machine and caused the victim to suffer bodily injury, such as telegraph and horses requiring treatment for about 32 weeks, by causing the victim to work at a dangerous place of at least 2 meters high. Although the crime of this case is very heavy, the crime of this case is committed in nature and circumstances, the defendants are seriously against the crime of this case. In the case of the defendant B, the defendants did not have any history of punishment for the same crime. After the rehabilitation treatment, the defendants agreed to the court below that there was no history of punishment for the same crime of this case, the health condition of the victim was significantly improved, the victim's occupational negligence was caused by the accident of this case, and all other circumstances, such as the defendants' age, character, conduct, environment, family relationship, etc., and the sentencing conditions of this case after the crime, it is deemed unfair to have sentenced the judgment of the court below.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A of the pertinent legal provision regarding criminal facts: Article 268 of the Criminal Act, Article 41 Subparag. 2 of the Construction Machinery Management Act, and the main sentence of Article 26(1) (a) (a point of operating unlicensed construction machinery) of the same Act: Industrial Safety and Health Act.