특정범죄가중처벌등에관한법률위반(절도)
The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for three years.
One (No. 6) of the aftermash, seized, shall be confiscated.
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment, etc.) shall be too unreasonable;
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, ex officio, and the reason for return of the seized stolen goods to the victim is clear should be sentenced to return to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and investigated by the first instance court, one of the seized transportation cards (Article 33(1)5 of the Criminal Procedure Act) is obvious that the reason for return to the victim’s name misconceptor is apparent. Thus, the first instance court omitted the above seized goods even though it had been sentenced to return to the victim’s name misconceptor by the judgment pursuant to Article 33(
Even if only the Defendant appealed against the judgment of the court of first instance, the return of the victim does not correspond to the type of punishment, and the return of the above transportation card to the injured party as stated in the order does not cause damage to the Defendant. Thus, even if adding the return of the injured party, which was not sentenced by the court of first instance, the punishment to the Defendant cannot be changed disadvantageously.
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 summary of facts and evidence recognized by the court is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.