The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for thirty years.

10 1 knife knife knife

A. The sentence imposed by the court below against the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.

B. Prosecutor 1) As to the accused case, the Defendant is highly likely to commit the second homicide in light of the following: (a) it is confirmed that the Defendant’s recidivism risk was high; (b) the Defendant plans to commit the crime closely by checking the subject of the crime for a considerable period of time; and (c) the Defendant took a sensitive attitude against another’s suffering by killing a female victim with knife at a knife, etc.

Nevertheless, it is improper for the court below to dismiss the request for attachment order of location tracking device.

2. Determination

A. Before determining the Defendant and the prosecutor’s assertion of unreasonable sentencing regarding the accused case, this paper examined ex officio.

Article 333(1) of the Criminal Procedure Act provides, “The stolen property that has been seized and the reason for return to the victim is apparent shall be returned to the victim by judgment.”

Therefore, even though the reason for return to the victim is apparent among the seized stolen property, it is illegal unless the sentence of return to the victim is made by judgment.

According to the evidence duly adopted and examined by the court below and the trial court, one resident registration certificate (No. 1), one AL card (No. 2), one AM card (No. 3), one I card (No. 4), one I card (No. 5), one member card, one (No. 6), one AO bank body check (No. 7), three (No. 8), three (No. 9), three (No. 1), three (No. 1) of AP card, one for women's refluence, and one (No. 19), and one head of J bank (No. 20) through the robbery of this case.