상습절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Seized evidence shall be confiscated as provided for in subparagraphs 18 through 22.
1. Summary of grounds for appeal;
A. The lower court found the Defendant not guilty of this part of the facts charged, on August 13, 2014, even though it was found that the Defendant stolen the victim Y articles in X apartment A Dong 509, Seocheon-gu, Seocheon-gu, Seocheon-gu, X apartment A. 509.
B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unhued and unreasonable.
2. Prior to the judgment of the court below on the grounds for appeal by ex officio, the stolen goods which were seized and the reason for return to the victim is clear must be returned to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, subparagraph 1 of the seized evidence is the date and time of the crime No. 21 per annum, the date and time of the crime No. 21 per annum, the victim U.S. obtained at the place, and subparagraph 5 of the evidence, the date and time of the crime No. 19 per annum of the crime sight table as indicated in the judgment of the court below, the stolen goods owned by the victim's name unclaimed boxes, and the mar card (company bank) among subparagraph 8 of the evidence obtained at the place and the date and time of the crime No. 18 per annum of the crime committed in the judgment of the court below, and the victim's name unclaimed goods obtained at the place and each are to be returned to the victim M.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, so it will be examined.
3. Judgment on the prosecutor's assertion of mistake of facts
A. From August 13, 2014 to around 18:05 of the same day, the Defendant, based on the summary of the facts charged, went into the victimY’s residence in the Seocheon-gu X apartment A-dong 509, Seocheon-gu, Seocheon-gu, X apartment A-dong 509, and intrudes the kitchen window by an influence method.