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(영문) 서울중앙지방법원 2013.12.05 2013노3415
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence shall be confiscated, 18, 21, 24, 25.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment as to the grounds for appeal by the defendant against the board of directors, where the reason for return to the victim is apparent as the stolen goods seized by the judgment, shall be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and investigated by the court below, the court below erred by omitting the judgment even though the court below rendered a return to the victim as to subparagraphs 22 and 23 of the evidence confiscated by the investigative agency under Article 33(1) of the Criminal Procedure Act.

Therefore, the judgment of the court below shall not be maintained since it erred by misapprehending the legal principles on the return of the victim of seized articles.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the grounds for appeal by the defendant, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

[However, with respect to the total list of seized articles (Evidence No. 131-132 pages), evidence No. 18,21,24, and 25, each owner waives his/her ownership [the victim C (Evidence No. 68 of the Evidence No. 18), victim R(Evidence No. 149-150 of the Evidence No. 149-73 of the Evidence No. 24), victim D (Evidence No. 72-73 of the Evidence No. 25 of the Evidence No. 25 of the Evidence No. 18 of the Evidence No. 18

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