A defendant shall be punished by imprisonment for not less than one year and six months.

Prosecutors' Office of Suwon District Court.

A. Since the Defendant, at the time of committing each of the instant crimes, was physically and mentally weak due to shock disorder, etc., punishment should be mitigated.

B. The sentence sentenced by the court below to the defendant (the first instance court: the imprisonment of a maximum of 10 months, the short of 6 months, the confiscation and the second instance court: the imprisonment of a maximum of 10 months, the short of 6 months, the second instance court: the imprisonment of a maximum of 10 months, the short of 3 months: the imprisonment of a year, and the fourth instance court: the imprisonment of a year: 8 months) is too unreasonable.

2. According to the records, at the time of the pronouncement of the judgment of the court below 1 and 2, the defendant was sentenced to an irregular sentence on the ground that he fell under “juvenile” as prescribed by Article 2 of the Juvenile Act at the time of the judgment of the court below in Q Q birth, but it is true that the defendant was not a “juvenile” as prescribed by the Juvenile Act, since he reached the age of 19 in the first instance trial and thereafter, it is apparent that he was not a “juvenile” as prescribed by the Juvenile Act. Thus, the judgment of the court below

2) In addition, each of the above appeals filed by the defendant against the above judgment below and the court of the first instance decided to jointly examine the above appeal cases. Each of the offenses against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment, which increased concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

3) However, even if the judgment of the court below has the above reasons for reversal, the defendant's mental and physical weak argument is still subject to the judgment of the court, and this is examined.

3. According to the records on the assertion of mental and physical weakness, the defendant was admitted to the Seoul Juvenile Classification Board on September 30, 2014, and the defendant's disposition was changed to October 29, 2014 (Entrustment to a hospital, sanatorium, or juvenile medical care facility under the Act on the Treatment of Juveniles, Etc.) and discharged from the above examination board. However, the above fact of recognition is alone.