강도등
The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for three years.
The 10mg/2,000,000,000.
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment and confiscation) shall be too unreasonable;
2. Prior to the judgment on the grounds for appeal ex officio, the reason for return of the seized stolen goods to the victim is clearly stated by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the first instance court, one gold medal (Evidence No. 4) which was seized is obvious that the reason for return to the victim G is apparent. Thus, the first instance court omitted the above seized goods even though it had been sentenced to return to G by the judgment pursuant to Article 333(1) of the Criminal Procedure Act.
Even if only the Defendant appealed against the judgment of the court of first instance, the victim’s return does not correspond to the type of punishment, and since the person who submitted the above gold medal is the main owner to purchase it from the Defendant, the above gold medal is returned to the victim G as indicated in the disposition, and the Defendant does not incur damage. Thus, even if adding the victim’s return which was not declared by the court of first instance, the sentence to the Defendant cannot be deemed to be disadvantageously changed.
Therefore, the judgment of the court of first instance is erroneous in the misunderstanding of legal principles as to the return of the victim of the seized goods, which affected the conclusion of the judgment.
3. Accordingly, the judgment of the court of first instance is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after oral argument.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by the court are as follows: (a) the “U” of the 3th judgment of the first instance is changed to “AE”; and (b) it is identical to each corresponding column of the judgment of the first instance. Therefore, it is in accordance with Article 369 of the Criminal Procedure Act.