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1. Defendant A
A. The judgment below is reversed.
B. Defendant A shall be punished by imprisonment for three years and six months and by a fine of 100,000 won.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant A (the imprisonment of three years and six months and fine of one hundred thousand won) is too unreasonable.
B. Defendant B (1) misunderstanding of facts [the part concerning robbery] ① Defendant B is the victim L at the time of the instant case (hereinafter “victim”).
(2) The injury suffered by the victim is not caused by Defendant B’s disturbance. 2) The injury suffered by the victim does not constitute the injury by robbery. 2) The punishment sentenced by the lower court to Defendant B (a imprisonment of a maximum term of two years and six months, a short term of two years and a fine of 50,000 won) is too unreasonable.
2. Determination
A. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.
1) According to the records on Defendant A, Defendant A was sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on April 18, 2014 and released on April 26, 2014, and the above judgment became final and conclusive on April 26, 2014, and the execution of the sentence was completed, and the crime was committed within three years thereafter. As to each of the above crimes, the court below omitted this part of the judgment below on Defendant A. In this regard, according to the records on Defendant B, according to the part on Defendant B, Defendant B was a juvenile provided for in Article 2 of the Juvenile Act at the time of the declaration of the judgment below as Defendant B, but became an adult and became an adult.
Therefore, the judgment of the court below which sentenced the defendant B with an irregular sentence under the Juvenile Act cannot be exempted from reversal.
However, the defendant B's assertion of mistake is still a ground for the above ex officio reversal.