The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for four years and by a fine of 150,000 won.

The above fine shall be imposed on the defendant.

1. The sentencing of the lower court on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Article 333(1) of the Criminal Procedure Act provides that stolen property seized shall be returned to the victim by judgment if the reason for return to the victim is apparent.

According to the evidence duly admitted and examined by the court below, among the seized articles of this case, it is clear that the evidence Nos. 1 through 9 is the stolen articles listed in Paragraph 2(b) of the "2019No.372" as stated in the judgment of the court below, and the reason to return them to the victim T. Thus, the court below omitted the above seized articles in order to have been returned to the victim.

In this respect, the judgment of the court below is no longer maintained.

(3) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment of the court below is reversed in accordance with Article 364(2) and it is again decided as follows, after pleading, as the Defendant’s appeal only pertains to the handling of stolen goods, and since the court did not impose a sentence on return to the victim, it does not violate the principle of prohibition of disadvantageous

[Grounds for the judgment of the court below] The criminal facts and the summary of the evidence recognized by the court below are identical to the corresponding columns of the court below, except for the case where "in approximately 29 km section" in Article 369 of the Criminal Procedure Act is applied to "in about about 29 km section" among the criminal facts of the court below. Thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement, the choice of imprisonment), Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment), Article 319(1) of the Criminal Act, and intrusion upon residence and intrusion upon structure.