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(영문) 대법원 2013.04.25 2013도2935
절도등
Text

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

Reasons

Judgment ex officio is made.

The dismissal of an appeal by citing the first instance judgment that sentenced a regular sentence without a sentence, even though the defendant had already reached the age of 19 at the time the appellate judgment was sentenced, is unlawful.

(See Supreme Court Decision 90Do539 Decided April 24, 1990, and Supreme Court Decision 2008Do8090 Decided October 23, 2008, etc.). Since it is apparent in the records that the Defendant had already reached the age of 19 on February 14, 2013, which is the date of the original judgment, by Z students, the Defendant has already reached the age of 19. As such, the lower court reversed the first instance judgment that sentenced the Defendant to a non-scheduled sentence and did not impose a regular sentence, which affected the conclusion of the judgment by misapprehending the legal doctrine on juveniles under Article 2 of the Juvenile Act

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.

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