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The judgment below
Part concerning the return shall be reversed.
14 km 14 km, seized pande panty (No. 54).
Reasons
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the court below made ex officio a single 14 km twelthm (Evidence Nos. 54), one lux (Evidence No. 55), one 18 km in the water-free pattern (Evidence No. 56), one 14 km in Qbbic 14km (Evidence No. 57), one 14 km in Qbic 14 km (Evidence No. 58), one Habbic 14 km (Evidence No. 58), one Habic 14 km in the shape of eleg (Evidence No. 59), one 14 km in the form of official approval No. 14 twelm (Evidence No. 60 C), one 14 km in the form of lebic 14 k (Evidence No. 164 twelm) and one 14 k in the form of lebus.
However, according to Article 333(1) of the Criminal Procedure Act, the court shall order the restoration to the victim by means of a judgment only when the seized stolen property and the reason for return to the victim is clear. Here, the term "when the reason for return to the victim is apparent" means the case where the victim has the right to request the return of the property under the Civil Act. If there is doubt about this point, the court shall not order the return to the victim, and the stolen property for which the return to the victim shall be sentenced by means of a judgment
According to the records, among each of the above goods for which the court below ordered return, it is clear that the seized panty 14 km tamp (No. 54) is the victim D, so it shall be returned to the victim D.
In addition, the remainder of the articles except subparagraph 54 of the above evidence is clear that they are not included in the stolen crimes of this case, and it is not clear that each of the above articles is not included in the facts charged of this case, and the possibility of being a stolen of a separate crime that is not included in the facts charged of this case, etc.
Nevertheless, the lower court determined that each of the above goods should be returned to the victim’s name and the victim’s name.