The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant had already been subject to a protective disposition under Article 32 of the Juvenile Act due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) related to the instant charges, which constitutes a case where the indictment procedure of this case is null and void due to a violation

Therefore, even though the defendant should be sentenced to dismissal of the prosecution, the court below erred by misapprehending this, and pronounced guilty judgment against the defendant.

B. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Determination

A. On July 27, 2010, at around 04:20 on July 27, 2010, the Defendant, along with C, approaching the F future operated by the victim E in Eunpyeong-gu Seoul Metropolitan Government, followed part of rubber installed between the gap of the glass entrance, cut off with a finger, and cut off the corrective device, and entered into the game room, and carried KRW 822,00 in cash owned by the victim.

As a result, the defendant stolen cash owned by the above victim together with C.

B. The main text of Article 53 of the Juvenile Act provides that with respect to juveniles subject to a protective disposition under Article 32 of the same Act, a case for which the trial was decided shall not be prosecuted again or forwarded to the Juvenile Department.

According to the evidence duly admitted and adopted by the lower court, the Defendant recognized the fact that he/she was sent to the juvenile reformatory for one month and subject to surveillance and observation of long-term protection against the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and special larceny by means of a consolidation of 2010 Food and 201. The summary of the criminal facts of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in collaboration with C, etc. by the Defendant jointly with C, etc. on October 13, 201 through October 21, 201, and then intruded into a structure by destroying a correction device of commercial buildings, etc. on October 21, 2010.