야간주거침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The gist of the prosecutor's appeal (unfair form) is that the defendant can have the power to be subject to criminal punishment for the same kind of crime, and each of the crimes of this case is unfair since the court below's punishment, which sentenced to a suspended sentence of two years, probation, and welfare facility volunteer service for one year, is too unffortunate, in light of the following: (a) the defendant acquired the key of the company's club fee that the defendant maintained the fiduciary relationship with himself/herself, and did not return it, knowing that the above club fee was collected during the impeachment period; and (b) it was considerably poor in the nature of the crime; (c) the victims' mental shock is considerable and the damage recovery is not adequately performed; and (d) the court below's punishment, which sentenced to a suspended sentence of two years, probation, and welfare facility volunteer service for
2. Prior to the judgment on the grounds for appeal ex officio, the reason for return to the victim as stolen goods is clear shall be returned to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, one female grandchild (Attachment 1 of the seizure list) who was seized is obvious that the victim E should return the seized goods to the victim as stolen goods for night-time larceny. As such, the court below committed an omission in the above seizure even though it should have been sentenced to return the seized goods to the above victim. Since such illegality affected the conclusion of the judgment, the judgment of the court below cannot be maintained further.
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as above. The court below's decision is reversed as follows.
Criminal facts
The summary of the defendant's criminal facts and evidence is the same as the statement in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.