A defendant shall be punished by imprisonment for not less than two years and four months.

The seized evidence 1-26, 28-40, .

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

According to Article 48 (1) of the Criminal Code, goods which are not owned by a person other than an offender or acquired by a person other than an offender with the knowledge of the fact after the crime can be confiscated in whole or in part.

According to the statement made by the defendant on the fourth trial date of the court below, the defendant can be recognized as having stolen evidence 159, 160 that was seized and possessed. Thus, the above seized articles constitute articles belonging to "the possession of a person other than the defendant." Thus, they cannot be confiscated.

Nevertheless, the court below erred by misapprehending the legal principles as to confiscation, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act applicable to the crime (the point of each special larceny), Article 60(1)2, Article 4(1)1, and Article 2 Subparag. 3(b) (each penphone medication, and the point of transaction: Provided, That with respect to the case, Article 30 of the Criminal Act and the choice of imprisonment), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation Article 48(1)1 of the Criminal Act 1.