The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. In light of the fact that the defendant reflects his fault, the sentence of the court below against the defendant (one year and four months of imprisonment with prison labor, a short-term one year) is too unreasonable.

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

At the time of the pronouncement of the lower judgment by AA, the Defendant fell under “juvenile” under Article 2 of the Juvenile Act at the time of the pronouncement of the lower judgment, and was sentenced to an illegal sentence, but it is apparent that the Defendant was no longer applicable to the juvenile under the age of 19, and therefore, the lower judgment that sentenced the Defendant to the foregoing illegal sentence was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes shows the attitude of the defendant to recognize and reflect his mistake. The fact that the defendant was a minor at the time of stopping each of the of the crimes in this case, that the defendant was living alone without proper protection of his family, and that the defendant was easily exposed to the environment that could prevent his personal conduct. However, even though the defendant committed the crime in this case during the suspension of execution due to the same kind of crime, it is inevitable to punish the defendant because he committed the crime in this case and repeats the same law, and that the defendant's age, sex, and other crimes are committed.