The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor, two years of suspended execution, and 120 hours of social service) of the lower court is too unreasonable;

2. The judgment of the court below / The defendant recognized all of the crimes of this case and reflected in the judgment of the court below.

The defendant is the first offender who has no previous criminal record.

The victims do not want the punishment of the defendant by mutual consent with the victims.

【Unfavorable Circumstances】 The degree of injury of victims is not easy.

In full view of the factors revealed in the proceedings of the instant case, such as the scope of the recommended sentencing guidelines as seen above and the age, character, conduct and environment of the Defendant, motive, means and consequence of the crime, etc., the lower court’s punishment is somewhat heavy.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 268 and 30 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under the law on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act: The scope of recommended sentences according to the sentencing guidelines for one to five years of imprisonment without prison labor [type 2] The crime of causing death or injury by occupational negligence or gross negligence [Special Sentencing] The elements of mitigation of punishment (including efforts to recover damage): The scope of recommendation and recommendation] mitigation area, imprisonment without prison labor for one to six months (the scope of recommendation area and recommendation): The determination of sentence for six months, suspension of execution two years, community service work hours and 80 hours, and the determination of the grounds of appeal.