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The judgment below
Among the victims, the part concerning the return shall be reversed.
The remaining appeal by the defendant is dismissed.
Reasons
1. The gist of the grounds for appeal is that the punishment of the lower court [two years of imprisonment, those as referred to in 8 and 9 that have been confiscated, and those as referred to in subparagraphs 2 and 10 through 12, and those as referred to in subparagraphs 17 that have been seized to the victim E] is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
The lower court sentenced the victim E with respect to one copy (No. 2) of the DNA Card confiscated by the Defendant, and sentenced the victim to each return of KRW 47,000 (No. 10, No. 12, and No. 17) confiscated from the Defendant to whom the name of the Defendant could not be known.
Article 333(1) of the Criminal Procedure Act provides that, as stolen property seized, the reason for return to the victim is clear shall be sentenced to a declaration of return to the victim by judgment. Here, "when the reason for return is apparent" means cases where it is evident that the victim has the right to request the delivery of the seized property under private law, and it cannot be said that there is a clear reason for return in cases where there is a doubt about the above right to claim delivery.
(See Supreme Court Order 84Mo38 dated July 16, 1984. However, according to the records of this case, the owner of the DNA Card 1 (No. 2) seized appears to be E, but the above E cannot be deemed to be a stolen object with clear and clear reason to return it as it is not included in the stolen charge of each crime of this case. ② The court below sentenced the return of the seized cash No. 137,000 won (No. 10 through 12, 17) to the victim under the name of the victim, and stated “cash No. 47,000 won (No. 10 through 12, 17)” in the order of the court below.
However, the sum of 10 to 12, and 17 of the above-mentioned confiscated cash increase amounting to 137,000 won = 30,000 won (Chapter 10, 10,000 wonx 3) 5,000 won (Evidence 11, 5.00 won).