2013Do2935 thief and misappropriations

A

Defendant

Attorney AA (State Ship)

Daejeon District Court Decision 2012No2660 decided February 14, 2013 and 2013 early 108 compensation order

April 25, 2013

The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Judgment ex officio is made.

The dismissal of an appeal by citing the judgment of the first instance that sentenced a regular sentence without imposing a sentence even though the defendant had already reached 19 years of age at the time the appellate judgment was rendered (see, e.g., Supreme Court Decisions 90Do539, Apr. 24, 1990; 2008Do8090, Oct. 23, 2008).

Since the record clearly shows that the Defendant had already reached the age of 19 on February 14, 2013, which is the date on which the lower judgment was pronounced, the lower court reversed the first instance judgment that sentenced the Defendant to an irregular sentence and did not render a regular sentence, and erred by misapprehending the legal doctrine on juvenile under Article 2 of the Juvenile Act, thereby adversely affecting the conclusion of the judgment.

Therefore, without further proceeding to decide on the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young

Justices Lee In-bok

Chief Justice Park Jong-young

Justices Kim Jae-han