사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, Article 333(1) of the Criminal Procedure Act provides that the stolen goods seized and the reason for return to the victim is clear shall be returned to the victim by judgment. According to the records of this case, the evidence No. 1 (credit card) recorded in the seizure list shall be returned to the victim C as stolen goods for the crime of embezzlement of stolen goods from which possession as stated in paragraph (1) of the crime was committed at the time of original adjudication. As long as the above seized goods are not provisionally returned, the court below committed an omission in the judgment even though it had been sentenced to return to the victim pursuant to Article 333(1) of the Criminal Procedure Act, and such illegality affected the conclusion of the judgment. In this regard, the judgment below cannot be maintained any more.
(1) In the instant case where only the Defendant appealed the judgment of the court below and the suspended sentence is reversed, while the court below imposed a suspended sentence while it added a sentence to return the seized articles that were not sentenced to by the court below to the victim, the return of the victim is not a kind of punishment, but a disposition of stolen articles to remedy the victim's rights, and thus, it cannot be deemed that the decision of the court below was modified more disadvantageously than the judgment of the court below, on the ground that there was a ground for ex officio reversal as seen earlier, the court below did not decide on the ground for appeal by the Defendant, and the judgment below is reversed pursuant to Article 364(2)
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the reasoning of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;