절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Two originals, 10,000 won seized in cash.
1. The defendant asserts that the decision of the court below on the summary of the grounds for appeal is too unfasible to the punishment (eight months of imprisonment) and that the prosecutor is too unfased and unfair.
2. Where sponsives are examined ex officio prior to judgment on the grounds for appeal ex officio, and seized stolens, and the reasons for return to the victim are apparent, a sentence of return to the victim shall be rendered by judgment;
(Article 33(1) of the Criminal Procedure Act. According to the evidence duly adopted and examined by the court below, two copies of KRW 10,000 won in cash (Article 333(1) of the Criminal Procedure Act) and two copies of KRW 10,00 won in cash (Article 333-2 and 3 of the 2015 pressure No. 383 of the Dong Office of the District Prosecutors' Office in Busan District Prosecutors' Office) are stolen and it is clear that the reason for return to the victim's name was to be unclaimed, and there is no evidence to acknowledge that the above seized articles were provisionally returned on the record, so the court below erred in omitting the notification of return to the victim by judgment pursuant to Article 333(1) of the
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows without examining the defendant and the prosecutor's assertion of unfair sentencing, on the ground of the above ex officio reversal.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victim was that the defendant committed a second offense without being subject to suspended execution due to the same crime.