특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence of heading 27, 76, 79 through 81, .
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant [three years of imprisonment, confiscation (No. 1 to 93 of seized evidence] is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the items seized shall be those owned by a person other than the criminal or those acquired by a person other than the criminal with knowledge of the fact after the crime was committed (Article 48(1) of the Criminal Act). According to the records, since each of the items except the items of Articles 27, 76, 79, 79, 81, 83, and 86 among the seized articles of this case does not belong to a person other than the criminal defendant or it is not recognized that a person other than the criminal acquired them with knowledge of the fact, the above articles cannot be subject to confiscation, the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment, and thus the judgment of the court below cannot be maintained further.
3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act (generally, the point of habitual larceny), Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the crime;
1. Selection of penalty;