The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s unfair argument of sentencing.

A. Under Article 60(2) of the Juvenile Act, “juvenile” refers to a juvenile under Article 2 of the Juvenile Act, barring any special provision, and a juvenile under Article 2 of the Juvenile Act is a person under the age of 19, and as a condition for a trial, this ought to continue not only when committing a crime but also until the time of trial. Therefore, the determination of whether a juvenile is a juvenile under Article 60(2) of the Juvenile Act ought to be based on the time when a judgment is rendered at the trial court (see Supreme Court Decisions 200Do2704, Aug. 18, 200; 2013Do9137, Sept. 26, 2013).

Therefore, the judgment of the court below which rendered legal mitigation against the defendant on the ground that he is a juvenile under the Juvenile Act is erroneous in the misunderstanding of legal principles as to Article 60 (2) of the Juvenile Act, which affected the conclusion

3. The judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.