The judgment below

The part against the defendant shall be reversed.

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

seizure.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Article 333(1) of the Criminal Procedure Act ex officio destruction of seized articles provides that the reason for return to the victim is clear, shall be returned to the victim by judgment. Among seized articles to be returned, where the identity of the person subject to return is unknown or their whereabouts is unclear, and where such seized articles are likely to be destroyed, damaged, decomposed, or substantially reduced in value, or where it is difficult to keep them, the proceeds may be preserved by selling them;

(Article 132(2) of the same Act. According to the evidence duly adopted and examined by the lower court, each of the charges under Articles 132(2)3, 4, 6 through 8, 10, 12 through 18, and 25, of the evidence under Articles 555 and 555 of the Madden District Prosecutors’ Office, the District Prosecutors’ Office, Daegu District Prosecutors’ Office, which was the seized property of this case, is the stolen property of this case, and there is clear reason to return it to the

The court below omitted the above seized articles from the fact that it had been sentenced to return them to each victim who was not the victim's name. Thus, there is a ground for ex officio reversal.

The part of the judgment of the court below against the defendant in accordance with Article 364 (2) of the Criminal Procedure Act is reversed without proceeding to the judgment on the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is that the victim "AE" No. 1 a year and No. 21 a year in the annexed list of crimes in the judgment below is "AK" and the part of the judgment of the court below against the defendant is the same as the corresponding column in Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act (Habitual larceny and Selection of Imprisonment) and Article 238 of the Criminal Act concerning criminal facts;