The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, and observation of protection) is deemed to be too unhued and unfair.

2. As the stolen goods seized ex officio, the reason for return to the victim is clear must be returned to the victim by judgment (Article 333(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, the court below erred by omitting this, even though the court below should have sentenced the return to the victim’s name in accordance with Article 333(1) of the Criminal Procedure Act, even though the seized Samsung Tallon No. 41 (No. 5) was a stolen victim’s name and the reason for return to the victim is apparent, and there was no evidence to prove that the above seized goods were returned to the victim.

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

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column 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, Article 329 of the Civil Act, Article 37 subparagraph 10 of the Resident Registration Act (a violation of the Resident Registration Act), and the choice of imprisonment with labor for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

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