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The judgment of the court below is reversed.
As to the crimes of No. 1 of the judgment of the defendant, the crimes of No. 2 and No. 3 of the judgment of the defendant are three months.
Reasons
1. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for three months, and the second and third crimes: imprisonment with prison labor for four months) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, Article 333(1) of the Criminal Procedure Act provides that the goods seized and the reason for return to the victim is clear shall be returned to the victim by judgment. According to the evidence duly admitted and investigated by the court below, each of the items listed in No. 1, No. 2, and No. 3, No. 2, and No. 3 (No. 50 won per annum 38, No. 100 won per annum 38, No. 500 won per annum 13,450 won per annum 19 won per annum) shall be returned to the victim as stolen goods listed in paragraph (2) of the crime in the judgment. Thus, the court below committed an omitted unlawful act despite the fact that the court below should have sentenced the victim to return the seized goods to the victim's name in accordance with Article 33(1) of the Criminal Procedure Act, and such an unlawful act was affected by the judgment. In this regard, the judgment below has no further been maintained.
(3) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the grounds for appeal by the defendant, since the return of the victim is not a kind of punishment, but a decision is made for the relief of the victim's rights.
Punishment of the crime
On January 25, 2013, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for larceny in the Goyang Branch of the District Court for the defendant on January 25, 2013, and the said judgment became final and conclusive and is currently in the grace period.
1. As between October 15, 2012 and October 19, 2012, the Defendant is running on the street in front of the Yongsan-gu, Yongsan-gu and the vehicle door is not locked.