The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

One set (No. 2) of seized white bicycle.

1. Summary of grounds for appeal;

A. The punishment of the court below (three years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Stolen goods that have been seized ex officio and the reasons for return to the victim are apparent, shall be sentenced to return to the victim by judgment;

(Article 33(1) of the Criminal Procedure Act (Article 333(1). According to the evidence duly adopted and examined by the court below, one bicycle racing (Evidence No. 2), one US$ 1 US$ 4 (Evidence No. 3), five US$ 5 (Evidence No. 4), one (Evidence No. 5), three (Evidence No. 6), one (Evidence No. 7), one (Evidence No. 50), one (Evidence No. 8), one (Evidence No. 8), one (No. 20), and (1) (Evidence No. 1) of the four foreign arms No. 9 (Evidence No. 10) and one (Evidence No. 10) were all acquired by the defendant and returned to the victim, and the lower court did not have any clear reason to acknowledge that the above documents were returned to the victim. However, the lower court did not err by misapprehending the above Article 31(3) of the Criminal Procedure Act.

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

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the 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.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act, and intrusion upon residence and structure of each Criminal Act;