The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One certificate (No. 2) for a seized mother and child, one certificate for a wooden city.

1. The summary of the reasons for appeal is unreasonable because the punishment (one year of imprisonment, confiscation) of the original judgment is too unreasonable.

2. Ex officio determination

A. In the trial of the party, the prosecutor applied for the amendment of the indictment with respect to the special larceny No. 7 listed in the annexed Table No. 12 as an attempted special larceny, and the special larceny No. 12 listed in the same No. 12 as an attempted larceny of a structure at night, and the court permitted it.

(b) Seized stolen property, the reasons for return to the victim of which are apparent, shall be sentenced to return to the victim by judgment (Article 333(1) of the Criminal Procedure Act); the seizure of seized property shall be deemed to have been rescinded unless return to the victim is made (Article 332 of the Criminal Procedure Act); and the investigative agency shall return it to the victim of seizure.

According to the evidence duly admitted and examined by the court below, the evidence Nos. 1, 4 through 8, and 10, which was confiscated by the investigative agency, are stolen by the defendant, and the reason to return to the victims is clear, and there are no materials to deem that the above seized article was temporarily returned on the record. Thus, the court below omitted this fact in its ruling of return to the victims indicated in the order Nos. 1, 4 through 8, and 10, which were confiscated by judgment pursuant to Article 333(1) of the Criminal Procedure

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

【Discretionary Judgment】 Criminal facts

1. On May 1, 2019, the Defendant finds out the locks keyss kept in custody by rhyming the upper part of other container parts at containers located at the construction site of the Dong-gu Seoul Special Metropolitan City B Housing Redevelopment Area (Seoul Special Metropolitan City) on May 1, 2019, and by using them, open a container door locks.