The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum term of one year and six months, and a short term of one year and two months) of the lower court is unreasonable.

2. In addition, the Defendant committed each of the crimes of this case in spite of the past five times juvenile protective disposition due to injury, theft, etc., and the nature of the crime is not very good, such as aiding and abetting a large number of cellular phones that he stolen, and taking monetary benefits by selling them. It is recognized that the Defendant inflicted an injury on the victim AF, who was detained without being aware of it, while being detained for each of the crimes of this case.

However, in full view of the following circumstances: (a) the Defendant was detained for about seven months up to the trial; (b) the Defendant still appears to have a relatively high possibility of improvement and edification as a juvenile; (c) there is no record of criminal punishment other than juvenile protective disposition; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the sentence of the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2(2) and (1)1 of the same Act, Article 283(1) of the Criminal Act (Joint Intimidation, Selection of Imprisonment) and Articles 6 and 2(2) and (1) of the Punishment of Violences, etc. Act.