The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Summary of Grounds for Appeal

Each sentence of the lower court (Defendant A: Imprisonment of two years, Defendant B: fine of KRW 3,00,000) is too unreasonable.

Defendant

Although Defendant A had a record of being punished as a crime of violation of the Road Traffic Act (non-licensed driving), Defendant A again committed the crime of non-licensed driving of this case, brought about an accident that causes human and material damage during the crime of non-licensed driving of this case, and did not reach an agreement with the victim Q and agreement up to the trial, and the fraud amount of this case reaches a total of KRW 124 million, etc. are disadvantageous circumstances.

However, there is no record that Defendant A recognized and reflected each of the instant frauds in the trial, and there is no history of punishment exceeding the fine, in the original trial and the trial, the victims expressed their intent not to punish the Defendant by mutual consent with the victims of each of the instant frauds in the original trial, the degree of injury to the victim Q is relatively minor, and the investigative agency revealed that Defendant A is a actual driver, and the degree of interference with criminal justice is relatively little.

Defendant

Considering the favorable and unfavorable circumstances to A, comprehensively taking into account the following factors: Defendant A’s age, character and conduct, environment, background of the crime, and circumstances after the crime, etc., the lower court’s punishment against Defendant A was changed in the trial, resulting in the change of sentencing conditions in the trial, and was unfairly unfair.

Therefore, Defendant A’s assertion of unreasonable sentencing is justified.

Defendant

B The lower court’s determination of the allegation of unfair sentencing on the grounds of the sentencing should take into account the circumstances indicated in the reasoning of the sentencing, including the Defendant B’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, and the sentencing conditions specified in the instant records and arguments. In this regard, the lower court’s punishment may be modified.