The judgment of the court below of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

1. The summary of the grounds for appeal (e.g., punishment of the lower court) against the Defendant is too unreasonable (e.g., punishment of the lower court: 2 years in short term, 2 years and 6 months in long term, and 1 year and 6 months in prison).

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A. According to the records of this case on the ground of ex officio reversal of the judgment of the court of first instance, it is evident that the Defendant was a “juvenile” under Article 2 of the Juvenile Act at the time when the judgment of the court of first instance was rendered by BB, but it has reached the age of majority when this judgment was rendered.

Therefore, the above judgment of the court below which sentenced the defendant to be a juvenile under the Juvenile Act was no longer able to maintain.

B. On the grounds of ex officio reversal of the judgment below, the court below held the first and second appeals against the defendant together with the court below's judgment, and the first and second offenses of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the remaining part of the judgment of the court below except for compensation order among the judgment of the court below of first instance and the judgment of the court of second instance are all reversed, and the following is again decided after pleading, because the above grounds for reversal

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 347(1) and 32(1) of the Criminal Act concerning the choice of punishment (a fraudulent aiding and abetting), Articles 347(1) and 30 of the Criminal Act, Article 229 of the Criminal Act