The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 7 million and by a fine of KRW 5 million.

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable that the court below sentenced the Defendants to the punishment (one year of imprisonment without prison labor for each of five months and one year of suspended execution).

2. The judgment of the Defendants is the first criminal without any criminal punishment, and the Defendants were in the first instance and the victim’s bereaved family members agreed with the victim’s bereaved family members so that the victim’s bereaved family members did not want to be punished against the Defendants, etc. are favorable circumstances to the Defendants.

On the other hand, the Defendants’ crime of this case results in the death of the victim, and the Defendants’ negligence related to the crime of this case is not less severe than that of the Defendants’ negligence, and in particular, Defendant A’s negligence as a doctor related to the crime of this case.

They appear to be disadvantageous to the Defendants.

In full view of the above circumstances and other circumstances, including the Defendants’ age, sex, environment, and circumstances after the crime, etc., the sentence imposed by the lower court against the Defendants is unreasonable.

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence presented by this court is identical to each of the corresponding columns of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the relevant provisions of the Criminal Act concerning criminal facts: Articles 268 and 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentence as ordered shall be determined by taking into account the various circumstances, which are the conditions for sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, of the Provisional Payment Order.