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The judgment below
The part of the forfeiture under subparagraphs 3 and 4 of this paragraph shall be reversed.
Part II (Evidence No. 3), the seized Round of Manman, one of which has been seized.
Reasons
1. Summary of the grounds for appeal: The punishment sentenced by the court below (two years of imprisonment, confiscation) which is unfair in sentencing is too unreasonable.
2. The lower court, on the grounds of appeal, determined a punishment within a reasonable scope by comprehensively taking into account the circumstances favorable to the Defendant, including the fact that the Defendant participated in the withdrawal of the Defendant’s criminal act of Bosing and acquired 60 million won or more from 13 persons and did not fully recover from the damage therefrom, and that the Defendant recognized the instant criminal act, etc., and examined the circumstances alleged by the Defendant on the grounds of appeal, but determined that the punishment that the lower court rendered was not to be somewhat somewhat weak.
3. Of the judgment below's ex officio determination of the forfeiture portion of Articles 3 and 4 of the evidence of the court below as to the forfeiture portion of Articles 3 and 4 of the evidence of the court below, the part of the court below's judgment which did not belong to the person other than the offender, and the goods generated or acquired by the criminal act shall be subject to forfeiture, and the goods which were seized and the reason for return to the victim is clear shall be returned to the victim by judgment (Article 48 (1) of the Criminal Act and Article 333 (1) of the Criminal Procedure Act). According to the records, subparagraphs 3 and 4 of the seized evidence constitute the stolen goods acquired by the defendant from the victim T by committing the crime of 2018 ancient group 2724 and it constitutes the stolen goods acquired by the victim from the above victim T. Even though it is obvious that the above victim should be returned, the court below erred in the misapprehension of legal principles as to the forfeiture portion of subparagraphs 3 and 4 of the evidence of the court below, which affected the conclusion of the judgment.
4. As such, the part of the judgment of the court below regarding the forfeiture of the Nos. 3 and 4 above is reversed ex officio, and Article 364 of the Criminal Procedure Act is applicable.