The judgment of the court below is reversed.

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

Nos. 1 and 2 of seized evidence shall be charged to the defendant.

1. The summary of the grounds for appeal explicitly withdrawn the assertion of mistake of facts on the date of the first instance trial.

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

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

Stolens that have been seized, and whose reasons for restoration to the victim are apparent, shall be sentenced to restoration to the victim by judgment.

(Article 33(1) of the Criminal Procedure Act. According to the evidence duly adopted and examined by the court below, Articles 333(1)3, 4, and 5 (Articles 33, 333(1) of the seized evidence (Articles 23, 23, 23, 1, 1, 1,000 won of the Bank of Korea issued by the Bank of Korea, and 8,000 won of the Bank of Korea issued by the Bank of Korea) are seized stolen articles and the reason for return to the victim’s name is apparent, and there is no evidence to acknowledge that the seized article was temporarily returned. Thus, the court below omitted this fact even though it has to make a declaration to return it to the victim’s name in accordance with Article 33(1

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

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 347(1), and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. Mitigation of attempted crimes: Articles 25(2) and 55(1)3 of the Criminal Act;