The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not good, and that the victim J dies and suffered serious injury due to the instant crime, strict punishment against the Defendant is necessary.

However, when considering the defendant's age, sex and environment, motive, means and consequence of the crime of this case and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence, the defendant's punishment against the defendant is too unreasonable, so the above argument of the defendant is justified, and the prosecutor's above argument is without merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act applicable to the facts constituting an offense (including those resulting in death or injury in the course of duty and in the course of duty) and Article 154 subparagraph 7 of the Road Traffic Act and Article 69 (1) of the Road Traffic Act (including those that have not been reported) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of occupational and de facto death and the crimes of occupational and de facto injury, and the punishment provided for the crimes of occupational and de facto injury which are heavier than the quality of the crimes, and the punishment provided for the crimes of de facto death);

1. Selection of a imprisonment without prison labor and a fine for a violation of the Road Traffic Act with respect to the occupational selection of a punishment and a death penalty;

1. Aggravation concurrent crimes;