We reverse the original judgment.

The sentence of sentence against the defendant shall be suspended.

The grounds of emergency appeal are examined.

1. According to the record, on December 16, 2016, the lower court found the Defendant guilty of both special larceny, but sentenced the suspended sentence to the Defendant, who is a juvenile under the Juvenile Act, as “a prison term of eight months and six months”, and the said judgment became final and conclusive.

2. However, according to Article 60(1) of the Juvenile Act, in a case where a juvenile commits a crime punishable by imprisonment for a maximum of two years or more as statutory penalty, a maximum and short term sentence shall be imposed within the scope of such punishment. However, according to Article 60(3) of the Juvenile Act, when a suspended sentence or suspended sentence is declared, a fixed term sentence shall not be imposed, but be imposed

Therefore, if the original judgment was to sentence a suspended sentence of imprisonment with prison labor for the defendant who is a juvenile under the Juvenile Act, the suspended sentence should have been determined and sentenced in a fixed term, not to an irregular sentence.

Nevertheless, the court sentenced the suspended sentence of imprisonment to juvenile offenders, but sentenced the suspended sentence to the suspended sentence. Therefore, the original judgment has a ground for violation of the law as stipulated in Article 441 of the Criminal Procedure Act.

The ground of final appeal pointing this out is justified.

3. Furthermore, the above original judgment constitutes an unfavorable judgment against the defendant, and thus, the original judgment is reversed in accordance with the proviso of Article 446 subparagraph 1 of the Criminal Procedure Act, and the original judgment is

The criminal facts, the summary of evidence, and the application of statutes against the defendant are cited in the original judgment as they are, and the punishment to be suspended by applying Article 60(3) of the Juvenile Act shall be determined as “six months of imprisonment”. It is so decided as per Disposition by the assent of all participating Justices on the bench.