The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

No. 4 of seized evidence 13.3

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, ex officio, the stolen goods seized and for which the reason for return to the victim is apparent should be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, Articles 4, 13 through 15, and 32 through 35 of the seized evidence are stolen by the defendant for each of the crimes of this case, and the reason for return to each of the victims is apparent, and the above seized goods were returned on the records.

There is no evidence to see that the court below should have sentenced the above seized articles to return them to each victim by judgment, but there is an error of omission.

In this respect, the judgment of the court below shall no longer be maintained (the return of a victim does not correspond to the punishment stipulated in Article 41 of the Criminal Act, and the return of a victim does not cause any damage to the defendant. Thus, in the case where only the defendant appealed, the return of a victim omitted by the judgment of the court below shall not be deemed to violate the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act, on the ground that the new addition of the return of the victim, which was omitted by the judgment of the court below, is not a violation of the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act).

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.