The judgment below

The part against the Defendants is reversed in entirety.

Defendants shall be punished by imprisonment for a maximum term of three years and by a short term of two years.

1. The summary of the grounds for appeal (e.g., a two-year imprisonment for each of the defendants, a short-term two years, and a fine of 30,000 won) is too unreasonable.

2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.

According to the records, Defendant A is EF students, and Defendant B is under 18 years of age as EG students.

According to the main sentence of Article 62 of the Juvenile Act, in case of a juvenile under the age of 18, a conversion disposition against a fine is prohibited.

Nevertheless, the court below erred in violating the main sentence of Article 62 of the Juvenile Act, since the court below sentenced the Defendants to a fine for negligence.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and the part of the judgment below against the Defendants is reversed, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below, except for the addition of “1. Defendant B’s oral statement” in the previous trial part among the summary of evidence of the court below’s judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 2(2)3 of the Punishment of Violences, etc. by Defendant A, Article 257(1) of the Criminal Act, Article 342 of the Criminal Act, Article 331(2) and Article 331(1) of the Criminal Act, Article 329 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 153 of the Road Traffic Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, Article 154 of the Road Traffic Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 230 of the Criminal Act.