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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1,4.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the punishment of 10 months, No. 1, No. 4 and No. 10) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. As stolen property seized, the reason for return to the victim is clear shall be sentenced to return to the victim by judgment (Article 333(1) of the Criminal Procedure Act). B. Comprehensively taking account of the evidence duly adopted and examined by the court below, evidence No. 19 of the seized evidence is deemed to have been returned to the victim, and there is no evidence supporting that the reason for return to the victim is apparent, and that the above seized property was returned on the record.
Therefore, the judgment of the court below is no longer maintained since the court below omitted the above seizure was sentenced to return to the victim by judgment (the victim's return does not correspond to the punishment stipulated in Article 41 of the Criminal Act, and no damage is incurred to the defendant due to the victim's return. Thus, the defendant cannot be deemed to violate the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act on the ground that only the defendant appealed the victim's return omitted by the court below, and the same applies to the case where the principal sentence is maintained (see Supreme Court Order 2012Do6246, July 6, 2012).
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the part against the defendant among the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 332, 329, 331(1), and 342 of the Criminal Act concerning criminal facts.