공기호부정사용등
All the judgment below is reversed.
The defendant is punished by imprisonment with prison labor for the first and second crimes at the time of the original adjudication and the third crimes at the time of the original adjudication.
1. The summary of the grounds for appeal (the first and second crimes at the time of original adjudication: imprisonment with prison labor for not less than one year after suspension of execution, and the third crimes at the time of original adjudication: imprisonment with prison labor for not less than four months) which the court below sentenced to the defendant is unreasonable.
2. Prior to the judgment on the ground for appeal ex officio as to the part concerning the first and second crimes, Article 333(1) of the Criminal Procedure Act provides that the goods seized and the reason for return to the victim is clear shall be returned to the victim by judgment. In full view of the evidence duly adopted and examined by the court below, the articles listed in No. 1 of the total list of seized articles (No. 1 of this paper No. 1) are the stolen goods of embezzlement of stolen articles as stated in paragraph (1) of the crime at the time of original adjudication, and the reason for return to the victim's name is apparent. As long as the seized articles are not returned, the court below should have sentenced the victim to return the seized articles to the victim's name in accordance with Article 33(1) of the Criminal Procedure Act, even if the above seized articles were not returned, the court below committed an omitted unlawful act and such unlawful act affected the conclusion of the judgment. In this regard, the part concerning the first and second crimes in this regard in the judgment of the court below cannot be maintained.
(3) Even if only the Defendant appealed, the Defendant’s return is not a type of punishment, but a set of stolens for the purpose of protecting the rights of the victims, and thus, does not violate the principle of prohibition of disadvantageous alteration. 3. In the original adjudication, the Defendant’s act of attaching and using a number plate acquired by the Defendant to operate without registration or insurance without registration for a long time, etc. in light of the content and method of the crime, legal interests and interests, etc., and the Defendant’s act of committing the crime as provided in paragraph (3) at the time of original adjudication during the suspension of the execution period due to the crime of this species, shall be deemed disadvantageous to the Defendant.
However, the defendant committed the crime of this case.