2018Do197 Special thief, Special thief, Fraud, Fraud, Forgery of Public Document, Forgery

Organization of Documents

A

Defendant and Prosecutor

Attorney Cha Il-sung (Korean)

B

Daejeon District Court Decision 2018No1584 Decided November 22, 2018

February 14, 2019

The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The defendant and prosecutor's grounds of appeal are also examined.

The dismissal of an appeal by citing the judgment of the first instance that sentenced a regular sentence without imposing a sentence even though the defendant had already reached 19 years of age at the time the judgment of the appellate court was rendered is unlawful (see Supreme Court Decision 2013Do2935, Apr. 4, 2013).

Since the record clearly shows that the Defendant had already reached the age of 19 on November 22, 2018, which is the date of sentencing the lower judgment, the lower court reversed the judgment of the first instance that sentenced the Defendant to an irregular sentence and did not render a regular sentence. In so doing, the lower court erred by misapprehending the legal doctrine on juvenile under Article 2 of the Juvenile Act, which affected the conclusion of the judgment.

Therefore, without examining the remaining grounds of appeal by the Defendant, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young

Chief Justice Cho Jae-hee

Justices Kim Jae-in

Justices Lee Jae-hwan