압수물환부
1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:
In the lawsuit of this case.
1. The reasoning of this Court’s judgment on this part of the underlying facts is as follows, except for adding the following facts at the fifth and fourth bottom of the judgment of the court of first instance, and therefore, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Accordingly, it is acceptable in accordance with the text of Article 420 of the Civil Procedure Act.
G. The instant confiscated articles are as indicated in the list of the objects to be requested for extradition, and among which this case’s confiscated articles are indicated “subject to confiscation” in the “Classification” column of the above list.
2. Whether the action against the request for delivery of the other goods of this case is lawful or not, each of the articles listed in the list of the object of the request for delivery of the attached sheet Nos. 136, 137, 1485, and 1486 (hereinafter “other articles of this case”) among the articles listed in the list of the object of the request for delivery of the attached sheet against the defendant (hereinafter “the other articles of this case”) is written only as “E.t.C.”, and the subsequent quantity is also written as “257, 193, 193, and 251, and it is not clearly specified (the above facts recognized, and the purport of the evidence No. 6 and No. 15-3 of the evidence No. 15-2). Thus, the part of the request for delivery of the other articles of this case cannot be explained to the effect that some of them were confiscated and some of them were returned to the plaintiff, and it cannot be specified separately from other
3. Determination as to a request for the delivery of remaining goods
A. (1) If the seizure of the seized article at the investigation stage becomes final and conclusive in a criminal trial without a declaration of confiscation, the seizure shall be deemed to have been rescinded in accordance with Article 332 of the Criminal Procedure Act. Accordingly, the State is obligated to return the seized article to the owner, possessor, custodian, presenter, etc., as a matter of course, and the person subject to seizure may file a claim for return thereof in civil procedure.
(2) The plaintiff is in possession of the seized articles of this case. (3) The plaintiff is in possession of the seized articles of this case. (4) The plaintiff is in the investigative agency.