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(영문) 인천지방법원 2019.06.28 2019노968
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

No. 98 through 101 of seized evidence.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

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

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Procedure Act), and unless return to the victim is made, seizure of the seized property shall be deemed to have been rescinded (Article 332 of the Criminal Procedure Act), and the investigative agency shall return it to the victim of seizure.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, since evidence No. 64, which was seized by the investigative agency, is hard to view that the defendant was temporarily returned to the victim AF with stolen articles, and there was no evidence to deem that the above seized articles were temporarily returned on the record, the court below erred by omitting this, even though the court below should issue a sentence to return the evidence No. 64, which was seized by judgment pursuant to Article 333(1) of the Criminal Procedure Act,

(1) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and there is no damage to the defendant due to the victim's return. Thus, in the case of appeal filed only by the defendant, the victim's return shall not be deemed to be a violation of the principle of prohibition of disadvantageous change under Article 368 of the Criminal Procedure Act, on the ground that there is a ground for ex officio reversal.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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