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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Audio 4 (Blocops, CX).
Reasons
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. The judgment of the court below on the ground of ex officio appeal shall be made ex officio prior to the judgment, and the reason for return to the victim is clear by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and investigated by the court below, the Gaphone 4 (Baphone 4 (No. 1588 of the Daegu District Prosecutors' Office No. 3, No. 1588 of the 2013, No. 3 of the 2013, No. 7161 of the 2013, No. 2013 of the 2013, No. 7161 of the 2014) shall be returned to the victim's name, and the court below omitted this in spite of the fact that the court below should make a decision to return the victim's name to the victim by the judgment under Article 333(1) of the
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 the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the gist of the evidence acknowledged by this court is as follows: (a) the facts constituting an offense in the reasoning of the judgment below are dismissed as “ June 13, 2013”; (b) No. 7 of the 5th page “F 1, 2012”; and (c) the 5th page “B 1, 200,000 won and the same day that were retired from the mobile phone sales store” from “B 15th day of January 2011 to January 31, 2012; and (d) M’s retirement from the mobile phone sales store as “B 15th day of January 1, 2012 to December 15, 2012; and (e) M’s retirement from work as “the 15th day of December 131, 2012”.