The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized evidence1 to 3 shall be confiscated.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years of imprisonment, confiscation) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the evidence duly admitted and examined by the court below, since the reasons for return of seized articles as stolen articles Nos. 15 through 20, evidence Nos. 22 through 29, evidence Nos. 31, 32, 34, 36, 37, and 38 are clear, and there is no evidence to prove that the above seized articles were provisionally returned to the victim’s name in the record, and there is no evidence to prove that the above seized articles were provisionally returned, the court below erred by omitting it even though it had been sentenced to return to the victim by judgment pursuant to Article 333(1) of the Criminal Procedure Act.

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

3. Accordingly, the judgment of the court below is reversed in accordance with 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 oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: the facts charged and the summary of the evidence are as shown in the corresponding column of the judgment of the court below in addition to the fact charged in the judgment of the court below that read "21" as "41", and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act that apply to criminal facts, the choice of punishment (a comprehensive imprisonment with prison labor, with prison labor), Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Reasons for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victim each of the instant cases.