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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for one year and a fine of 150,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum term of one year, short-term of eight months, and fine of 150,00 won) of the lower court is deemed unreasonable.
2. Ex officio determination of ex officio, the defendant was examined as AA and was sentenced to an irregular term of punishment pursuant to Article 60(1) of the Juvenile Act as it constitutes a juvenile under Article 2 of the Juvenile Act at the time when the judgment of the court below was rendered, but the defendant was sentenced to an irregular term of punishment pursuant to Article 60(1) of the Juvenile Act. However, the defendant was 19 years of age or older and is no longer a juvenile.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement 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. Article 331(2) and (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 350 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, each of the following acts:
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment imposed for the crimes of obstruction of official duties against Y heavier than Y);
1. Crimes of extortion, each assault, each bodily injury, each violation of the Punishment of Violences, etc. Act (joint residence or intrusion), and obstruction of performance of official duties: Violation of the Road Traffic Act (Unlicensed Driving): Selection of a fine;
1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes;