The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and two months, by a short term of one year and a fine of 300,000 won.

1. The summary of the grounds for appeal (e.g., a long-term one year and two months, a short-term one year, and a fine of 300,000) of the lower court is excessively unreasonable.

2. Ex officio determination: (a) an ex officio determination of whether the reasons for return to the victim are clear shall be sentenced to return to the victim by judgment (Article 33(1) of the Criminal Procedure Act); (b) one unit of Samsung Digital Camera (Evidence 6); and (c) one unit of 1 (Evidence 7), which is the stolen goods seized in the case of Samsung Digital Camera (Evidence 7), shall be returned to the victim’s name, is obvious (see, e.g., Supreme Court Decision 2012Da6381, Jul. 6, 2012; 208, 173, the evidence records of the case No. 6381). Therefore, the lower court erred by misapprehending the legal doctrine on return of the seized goods as stipulated in Article 33(1) of the Criminal Procedure Act, which affected the conclusion of the judgment.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in 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. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Habitual larceny: Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, and 331 (2) and (1) of the Criminal Act (generally, choice of limited imprisonment);

(b) Possession of dangerous articles: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

(c) Point of driving without obtaining a license due to driving of a motor vehicle: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; and

(d) Unlicensed driving due to the driving of a motorcycle: subparagraph 2 of Article 154 of the Road Traffic Act.