The part of the first and second original judgments, excluding a compensation order, shall be reversed.

Defendant 5,00. A fine for negligence of 5,000

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the first instance court: the fine of 5 million won, the second instance court: the fine of 1.5 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this court 2012No1542, which is the appeal case against the judgment of the court of first instance, and the case of this court 2012No1988, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the court 1 and the court 2012No1988, which is the appeal case against the judgment of the court of second instance, is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. Thus,

3. Accordingly, the judgment of the court below (excluding the part of the order for compensation among the second judgment) is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below (excluding the part of the order for compensation among the second judgment) is all reversed, and it is again decided as follows through pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act as to the facts of crime, each of the choice of punishment, Article 2 (2) and (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence), Article 257 (1) of the Criminal Act, Article 31 of the Criminal Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the Defendant’s confession of the instant crime, and the degree of damage caused by the instant crime.