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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
A certificate of a seized driver's license.
Reasons
1. The sentencing of the court below (two months of imprisonment, confiscation) is too unreasonable.
2. Ex officio determination
A. Prior to the judgment on the grounds for appeal by the defendant, it is clear that the reason for return to the victim is to be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, one driver's license of the victim C was confiscated, and the reason for return to the above victim is clear, since the defendant's possession was acquired by the crime of embezzlement of stolen property, and the above seized property should have been returned to the above victim by the judgment. However, the court below erred by omitting it, and such illegality affected the judgment, and thus, the judgment of the court below cannot be maintained further.
[Recording, according to the records, the above victim's entry into the military and did not contact, and the above victim's father M was re-issued after the victim lost the above driver's license, so it is recognized that the victim expressed his/her intent to waive the ownership of the above confiscated article on behalf of the victim (see, e.g., Supreme Court Decision 56 pages), but the above M's intention cannot be regarded as an adult victim's intention, and there is no evidence to deem that M was granted legitimate power of representation from the victim, it is reasonable to return the above confiscated article to the victim, not without permission.]
In addition, when a number of forged private documents are held en bloc, several crimes of uttering of a falsified private document constitute an ordinary competition relationship. Of the facts charged in the instant case, the application for new subscription under the name of EL Plus, consent to the use of personal information, the application for the program subscription under the agreement of LTE Plus/BS and the application for change of the service of lelebs shall be filed en bloc.