The case reversing the judgment of the court below which sentenced a non-scheduled punishment on the ground that the defendant has reached the appellate trial.

The judgment of the court of first instance which sentenced a non-scheduled sentence when the defendant has attained majority in the appellate trial can not be reversed as a result of a violation of law.

Articles 2 and 54 of the Juvenile Act, Article 364 of the Criminal Procedure Act

Defendant

Defendant and Prosecutor

Cheongju District Court (76 Gohap68) in the first instance trial

The part of the judgment of the court below against the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

75 days from the detention days before the sentence of the original judgment shall be included in the above sentence.

The summary of the grounds for appeal by the defendant and his defense counsel is unfair because the amount of punishment imposed by the court below is too unreasonable, and the summary of the grounds for appeal by the prosecutor is that the amount of punishment imposed by the court below is rather unreasonable.

However, the court below should first examine ex officio the case where the defendant was a juvenile under Article 2 of the Juvenile Act and sentenced the defendant to an irregular sentence, but the defendant was an adult when he was in the court of first instance, so the judgment below which sentenced the defendant to an irregular sentence would have an effect on the judgment, resulting in a violation of the law that could have an effect on the judgment, and further, the reversal

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the member is again decided.

Since the criminal facts of the defendant recognized as a party member and the summary of the evidence are as shown in each corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

(Application of Acts and subordinate statutes)

Of the so-called special larcenys in the judgment of the defendant, the defendant shall be punished by imprisonment with prison labor for the special robbery under Article 331(2) and (1) of the Criminal Act; special robbery shall be punished by Articles 334(2) and 33 of the same Act; special robbery shall be punished by imprisonment with prison labor for the special robbery under Article 333 of the same Act; and several offenses shall be punished by concurrent crimes under the former part of Article 37 of the same Act; therefore, the crimes shall be punished by imprisonment with prison labor for the special robbery under Articles 38(1)2 and 50(2) of the same Act; and the punishment for the special robbery imposed upon the defendant shall be punished by imprisonment with prison labor for two years and six months; and 75 days of detention days before the sentence of the judgment below shall be included

It is so decided as per Disposition with the above reasons.

Judges Jeon Byung-chul (Presiding Judge)