Of the judgment of the court of first instance, the part on Defendant B and the judgment of the court of second instance shall be reversed, respectively.

Defendant

B shall be in six months of imprisonment.

1. Summary of grounds for appeal;

A. Defendant A’s punishment (the imprisonment of eight months, the suspension of the execution of two years, community service 80 hours, and the lecture attendance order of 40 hours) of the lower court is too unreasonable.

B. Defendant B’s punishment of the lower court (six months of imprisonment) is too unreasonable.

(c)

The first sentence (6 million won in penalty) of the lower court against the Defendant B by the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first instance and the judgment of the second instance against Defendant B was rendered, and the prosecutor appealed against the judgment of the first instance, and the Defendant filed each appeal against the judgment of the second instance, and the court decided to hold the above two cases together.

However, since the crimes of Defendant B in the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part concerning Defendant B and the second judgment of the court below among the judgment of the court of first instance cannot be maintained as they are.

However, the defendant A's argument that the sentencing is unfair is still subject to the judgment of this court.

3. The circumstances favorable to the defendant are as follows: (a) considering the determination of the unfair sentencing argument by the defendant B; (b) the victims do not want punishment by the defendant B by mutual agreement with the victims; and (c) the defendant subscribed to the comprehensive motor vehicle insurance; and (d) the defendant has no criminal record more than a suspended sentence.

On the other hand, although the defendant submitted a written application for non-prosecution of the victim H in the trial of the party, it seems that the agreement with the victim H was actually made at the court below, these circumstances were considered in the court below, and the defendant committed a chain drilling accident at the court of the court below and escaped as it is, are disadvantageous to the defendant.

In addition, the defendant's age, environment, sex, relationship with victims, motive, means and results of the crime, and circumstances before and after the crime.