The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

excessive one confiscated ( July 2015).

The summary of the grounds for appeal is unreasonable because the punishment (the maximum of three years of imprisonment and the short of two years) imposed by the court below on the defendant and the person who applied for the medical care and custody (hereinafter referred to as the "defendant") is too uneased.

Judgment

Before the judgment on the grounds for appeal by the prosecutor on the part of the case against the defendant, the defendant was examined ex officio, and the defendant was sentenced to an illegal sentence by falling under the "juvenile" as provided in Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is clear that the defendant was not a "juvenile" as provided in the Juvenile Act, if he was over 19 years old and over 19 years old.

Therefore, the judgment of the court below that sentenced the defendant to be sentenced to an illegal sentence can no longer be maintained.

According to Article 14(2) of the Medical Care and Custody Act, in a case where a prosecutor files an appeal against a defendant’s case, the appeal regarding the claim for the medical care and custody is deemed to have been filed. However, the prosecutor did not submit any grounds for appeal regarding the claim for the medical care and custody. However, even if examining the judgment below, there is no ground for reversal after examining it ex officio.

Therefore, the part of the judgment of the court below regarding the defendant's case is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows. Since the prosecutor's appeal on the part concerning the medical care and custody claim among the judgment below is without merit, it is dismissed pursuant to Article 51 of the Medical Care and Custody Act and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

【Grounds for a new judgment: Facts constituting an offense and summary of evidence against the defendant recognized by the court in this case are the same as stated in each corresponding column of the judgment of the court below, thereby citing them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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