절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a maximum of ten months, for a short of eight months, and for a fine of KRW 100,000.
1. The decision of the court below on the gist of the grounds for appeal (the maximum of 10 months of imprisonment, the short of 8 months, and the fine of 100,00 won) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant's ex officio prior to the judgment on the grounds of appeal by authority, the stolen goods which were seized and the reasons for return to the victim clearly are must be returned to the victim by judgment (Article 333(1) of the Criminal Procedure Act). Even if only the defendant appealed, the restoration of the victim is related to the disposal of stolen goods, and it does not constitute a prohibition of disadvantageous alteration even if the return was made to the victim in the trial because it is not a punishment different from confiscation and collection
In that sense, according to the evidence duly adopted and examined by the court below, it is recognized that each victim M, J, and D was owned by each victim, as the stolen property acquired from the larceny of 2018 Godan 18 Gool 1843 in the judgment of the court below was a stolen property during the course of the gallon ju, which was seized NFT card, 31 gallon ju, and gallon gallon ju. Thus, the court below omitted the seized property even though it had been returned to the above victim.
Therefore, the court below erred by misapprehending the legal principles on the return of victims, which affected the conclusion of the judgment.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting a crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (abstinance of intention, each choice of imprisonment), Article 319 (1) of the Criminal Act (abstinence of structure, each choice of imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (abstinence without a license), Article 152 subparagraph 1 of the Road Traffic Act.