The judgment of the court below is reversed.

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

Victims of Nos. 1, 2, and 5, respectively, of seized evidence.

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

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

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Procedure Act), and unless return to the victim is made, seizure of the seized property shall be deemed to have been rescinded (Article 332 of the Criminal Procedure Act), and the investigative agency shall return it to the victim of seizure.

According to the evidence duly admitted and examined by the court below, the evidence Nos. 1, 2, and 5, which was seized by the defendant from the investigative agency, is stolen by the defendant, and the reason for return to each victim is apparent, and there is no evidence to deem that the above seized article was temporarily returned on the record, and the court below erred by omitting this, even though it is necessary to issue a sentence of return to each victim regarding the evidence Nos. 1, 2, and 5 confiscated by judgment pursuant to Article 333(1)

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Return of victims;