절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a maximum term of one year and ten months.
The seized modern U.S. S.C.
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment with prison labor for a maximum of one year and ten months) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio prior to the judgment on the grounds of appeal by authority, where the reason for return to the victim is apparent, a sentence of return to the victim should be rendered by the judgment (Article 333(1) of the Criminal Procedure Act). According to the evidence duly examined and adopted by the lower court, modern U.S. remains seized.
The first unit (Evidence No. 11) was stolen at the time and place No. 4 of the list of offenses listed in the annexed Table No. 4 in the judgment of the court below, and the reason why the defendant would return the stolen stolen goods to the victim’s name, is apparent, but the court below did not return the stolen goods to the victim’s name. Thus, the court below erred in the misapprehension of legal principles as to the return of stolen goods for seizure under Article 333(1) of the Criminal Procedure Act, which affected the conclusion of the judgment, and thus, it cannot be maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the choice of imprisonment for each type of crime;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment and aggravated punishment shall be aggravated for concurrent crimes with punishment prescribed for larceny No. 11) of the Act on the Aggravated Punishment of Concurrent Crimes;
1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;
1. The sentencing of Article 333(1) of the Victim’s Criminal Procedure Act is rendered.