The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1,000,000 square meters (No. 5) on a seized white wall.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

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

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.

(형사소송법 제333조 제1항). 원심이 적법하게 채택하여 조사한 증거들에 의하면, 압수된 금시계(18k) 1개(증 제6호), 샤넬(금팔찌) 1개(증 제7호) 및 18k(금반지) 2개(증 제8호)는 압수된 장물로서 피해자 M, G에게 각 환부할 이유가 명백하고 피고인으로부터 위 압수물을 매수한 V이 이를 선의취득하였다고 하더라도, 위 압수물들은 도품에 해당하여 민법 제250조에 따라 위 피해자들이 도난당한 날로부터 2년 내에 반환을 청구할 수 있으므로, 환부할 이유가 명백하다. ,

Since there is no evidence to acknowledge that the above seizure was temporarily returned on the record, the court below omitted this fact in spite of having to make a declaration to return it to the victim M and G pursuant to Article 333(1) of the Criminal Procedure Act. The court below erred by misapprehending the legal principles on the return of the victim of the seized stolen property, which affected the conclusion of the judgment.

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 Article 319(1) of the Criminal Act and Article 319(1) of the Criminal Act for the crime, and for the selection of punishment, respectively;