The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

1. The lower court’s punishment against the Defendants on the summary of the grounds of appeal (each fine of KRW 4 million) is too unreasonable.

2. The judgment of the court below is based on the following facts: each of the crimes of this case committed by the Defendants as proxy driving officers was subject to the control of the violation of signal, and the Defendants’ body was sealed while taking a bath to the crackdown police officers, or the police officers’ arms to arrest them as flagrant offenders were prevented, and the crime of this case was committed against the Defendants, which is disadvantageous to the Defendants in light of the circumstances leading up to the crime.

However, the defendants appear to have committed contingent crimes in the horse, and the extent of the assault is not much severe, and the victimized police officers do not want the punishment of the defendants by mutual consent with the defendants, the defendant A was the first offender, the defendant B was not guilty of the same kind or suspension of execution, and the defendants showed the attitude to recognize and reflect their mistakes. In addition, taking into account all the sentencing conditions of the arguments of this case, such as the defendants' economic situation, age, sex, environment, motive, means and consequence of the crime, etc., the punishment of the court below is too unreasonable.

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

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

1. The order of provisional payment;