The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unfuneed and unreasonable.

2. Prior to the determination of the grounds for appeal ex officio, in the absence of any other declaration as to the stolen goods provisionally restored, a declaration of return is deemed to have been rendered (Article 33(3) of the Criminal Procedure Act). Thus, the court below ordered the victim E, the victim E, the victim Nos. 6 through 10, and the victim Nos. 11 through 15 to return the seized evidence to the victim G. However, according to the records, each of the above seized articles was already temporarily returned to the above victims.

(Investigation Records 274, 275, 276 pages) Nevertheless, the court below ordered the above victims to return each of the above seized articles, which erred by misapprehending the legal principles as to the return of seized articles, which affected the conclusion of the judgment.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence acknowledged by this court is as follows: (a) except for adding “criminal records” to “criminal records” in the criminal facts column of the judgment of the court below, as stated in each corresponding column of the judgment of the court below, since it is identical to the statement of the court below, since it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332, 329, and 331(1) of the Criminal Act applicable to criminal facts (see Supreme Court Decision 75Do1184 delivered on May 27, 1975)

1. Some of the crimes of this case for the reason of sentencing Article 35 of the Criminal Act among repeated criminal offenders committed in a planned and organized manner by sharing their roles with other accomplices.