The judgment below

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

Defendant

A shall be punished by imprisonment for eight months.

provided, however, that;

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: Imprisonment of August / Defendant B: fine of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence against the Defendants in the lower court is too uneasible.

2. Determination

A. Although the act of this case by Defendant A, when making a false statement that he had not driven a vehicle after drunk driving, the nature of the crime is good, the act of this case by Defendant A is deemed to have exercised abusive and violent force against the police officer who performed official duties while making a false statement that he had not driven the vehicle. However, when it comes to the trial, it is recognized that all of the crimes of this case have been committed during the trial, and there is no particular criminal history other than the previous criminal records of fines on two occasions, the Defendant A's age, character and behavior, family environment, motive, means, method, and consequence of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances before and after the crime, it is deemed that the lower court's imprisonment (eight months) is somewhat heavy.

B. In light of the fact that Defendant B attempted to conceal an offender and inflicted an injury on police officers who performed official duties like Defendant A, etc., the nature of the crime in question is inferior. However, there are favorable circumstances, such as the recognition of the crime in this case and the fact that there is no particular criminal history other than the two previous offenses. In addition, considering the following factors: Defendant B’s age, character and conduct, family environment, motive, means, method, and consequence leading to the crime in this case, and the circumstances before and after the crime, etc., the lower court’s punishment (three million won of a fine) cannot be deemed to be adequate or frighted.

3. Accordingly, the part of the judgment below against Defendant A in accordance with Article 364(6) of the Criminal Procedure Act is reversed, as the appeal by Defendant A is reasonable.