The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment with prison labor for a maximum of two years, and the punishment for a short of one year and six months, declared by the court below, is too unreasonable.

2. Before the Defendant’s assertion of unfair sentencing ex officio, the goods subject to return by the victim under Article 333(1) of the Criminal Procedure Act should be stolen due to property crimes. Among the goods seized by the prosecutor, one siren (No. 1) and one vehicle heat (No. 2) cannot be returned, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence presented by this court is the same as the stated in the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 331(2) and (1) of the Criminal Act, Article 334(2) and (1), Article 333 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of a limited term of imprisonment), the choice of punishment for a crime;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, legal mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Each of the crimes in this case committed with the sentencing reason of Article 333(1) of the Criminal Procedure Act to return victims.