A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 ( Incheon District Public Prosecutor's Office...)

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the evidence duly adopted and examined by the court below, one of the oodlons (No. 1781 of the 2015 pressure branch offices of the Incheon District Public Prosecutor's Office) seized is hard to find that the above seized articles were returned to the victim Q as stolen articles, and there is no evidence to find that the above seized articles were returned. Thus, the court below erred by omitting this, even though it had been sentenced to return to the victim by judgment pursuant to Article 333(1) of the Criminal Procedure Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, 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 it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absent point, choice of imprisonment), and Article 360 (1) of the Criminal Act (absent point of embezzlement of deserted articles in possession, and choice of imprisonment);

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

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. The scope of applicable sentences: Imprisonment for one month to nine years; and

2. Scope of the recommended punishment that sets the sentencing criteria;

(a) Each larceny: thief; thief for general property; 2 types (general larceny); and the basic area (six months to one year);

(b) The crime of embezzlement of deserted articles in possession: Whether the sentencing criteria are not set; and

(c) The scope of modified recommendations: Imprisonment for not less than six months shall not be set.