The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The seized horse 1 A (No. 1).

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

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

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by judgment (Article 333(1) of the Criminal Procedure Act); it shall be deemed that seizure of the seized property is rescinded unless return to the victim is made by judgment (Article 332 of the Criminal Procedure Act); and the investigative agency shall return the seized property to the victim.

According to the evidence duly adopted and examined by the court below, subparagraph 1 of the evidence which was seized by the investigative agency from the defendant is the stolen goods obtained by the defendant due to the fraudulent crime against the victim D as stated in the judgment below, and the reason for return to the victim D is apparent (the 72 pages of the investigation record). The court below erred by omitting this, even though the court below should make a declaration of return to the victim No. 1 of the evidence seized by judgment pursuant to Article 333(1) of the Criminal Procedure Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 331(1) of the Criminal Act (the occupation of special larceny) and Article 330 of the Criminal Act (the occupation of larceny against nighttime buildings);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 333(1) of the Victim’s Criminal Procedure Act is rendered.