The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 5,00,000.

1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.

2. Considering that the degree of injury inflicted on the victim, the Defendants did not agree with the victim, and Defendant B had the same criminal record, strict punishment against the Defendants is necessary.

However, considering the fact that the Defendants divided their mistakes, not only the negligence of the Defendants, but also the negligence of the victim, the fact that the Defendants deposited considerable money for the victim, and other conditions of sentencing specified in the pleadings of this case, such as the Defendants’ age, sex and environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendants’ above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided 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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Article 268 of the Criminal Act; Article 30 of the Criminal Act; and the choice of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act