The judgment of the court below is reversed.

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

Victims of Nos. 2 through 8, 14 of seized evidence.

1. The sentence of the court below (10 months of imprisonment) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the stolen goods seized and the reason for return to the victim is apparent should be returned to the victim by judgment (Article 333(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, Articles 2 through 8, 10 through 14 of the seized evidence are stolen by the Defendant’s crime of this case, and the reason for return to each victim is apparent, and the above seized articles were returned to the victim on the record.

There is no evidence to see that the court below should have sentenced the above seized articles to return them to each victim by judgment, but there is an error of omission.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, 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.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. The scope of the recommended punishment according to the sentencing guidelines [the determination of the type] is the thief in case of theft against general property, and intrusion upon places other than indoor residential space (the person subject to special sentencing] / In case of the same type of repeated crime (the person subject to special sentencing) which does not correspond to the aggravated crimes (the aggravated crimes) and the habitual offender.