The judgment below

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

Defendant

A shall be punished by imprisonment without prison labor for six months.

except that this judgment.

1. The lower court’s sentence (a fine of KRW 6 million, Defendant B: a fine of KRW 1.5 million) against the Defendants in the summary of the grounds for appeal is deemed unreasonable because it is too unfasible.

2. Determination:

A. Defendant A part of the facts charged is contrary to the recognition of the facts charged, and upon agreement with the victims, they do not want the above punishment. Vehicles driven by the above Defendant are also covered by a comprehensive insurance.

In addition, there is no special criminal history for the above defendant, and there is a risk of loss of occupation when the defendant is sentenced to a suspended sentence or more.

However, the above defendant's stroke was the center line due to the above defendant's stroke driving, and the above defendant allowed not only the defendant B's false statements but also made a statement to the effect that he was not a driver of the investigation agency, and the nature of the crime is not very good.

In addition, comprehensively taking account of the following circumstances, Defendant A’s age, character and conduct, environment, background leading to the crime, and circumstances after the crime, etc., the sentence of the lower court is deemed unreasonable.

B. The crime of this case committed by Defendant B in part of Defendant B is considerably not good.

However, the above defendant is against the facts charged and has no record of the same kind of crime.

In addition, comprehensively taking account of all the conditions of sentencing indicated in the records, such as Defendant B’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is deemed unreasonable.

3. Since the prosecutor's appeal against the defendant A is with merit, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below against the defendant A among the judgment below is reversed, and it is again decided as follows after pleading.

In addition, the prosecutor's appeal against the defendant B is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Defendant

A. A.