A defendant shall be punished by imprisonment for six months.

A. The sentence imposed by the lower court on the Defendant (a long-term eight months of imprisonment, a short-term six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Since the Defendant, ex officio, was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below, but the Defendant became adult at the time of the trial of the court below, the judgment of the court below that sentenced the Defendant to an irregular sentence under the Juvenile Act was no longer maintained.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act, Article 360(1) of the Criminal Act, Article 230 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Article 2 (2) of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act, Article 351(2) and (1) of the Criminal Act, Article 360 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Punishment of Violences, etc. Act, Article 350 of the same Act, Article 350 of the same Act, Article 331(1)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, the defendant for sentencing of Articles 37 (former part), 38 (1)2, and 50 (Discretionary Mitigation) of the Criminal Act and Article 53 and 55 (1) 3 of the Criminal Act are the crimes in this case.