2. The defendant shall be punished by imprisonment with prison labor for ten months;

3. The age limit of seizure;

A. The lower court’s punishment (ten months of imprisonment) against the Defendant is too excessive and unfair.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unjustifiable.

2. Prior to the judgment on the assertion of unfair sentencing by the defendant and the prosecutor, the defendant and the prosecutor must ex officio examine the seized stolen goods, and the reason for return to the victim is clear shall be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and investigated by the court below, among the seized goods of this case, the defendant and the prosecutor's statement of unfair sentencing (Article 33(1) of the Criminal Procedure Act) shall be sentenced to return to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). Since it is clear that the defendant and the prosecutor's reason for return to the victim is the stolen goods

Nevertheless, the lower court erred by neglecting this and failing to sentence the return of the victim, and thus, the lower judgment was no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is reversed and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 360(1) of the Criminal Act that apply to the crime, the choice of punishment (the embezzlement of stolen articles, the choice of imprisonment), Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and Articles 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Procedure Act for return of victims;