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The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for four years.
The District Prosecutors' Office, one of which has been seized, shall be the original district Prosecutors' Office.
Reasons
1. The punishment (limited to four years of imprisonment, confiscation and return of victims) imposed by the first instance court on the accused shall be too unreasonable;
2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.
A. Article 333(1) of the Criminal Procedure Act provides that stolen property seized shall be returned to the victim by judgment, where the reason for return to the victim is apparent.
The first instance court sentenced each victim's name to return the seized pentl (No. 22 of the same evidence as indicated in the order), 1 point (No. 22 of the same article), and 1 point (No. 23 of the same article). Although the Defendant stated in the investigative agency that the above seized articles were stolen in the Z village near the Z where the above seized articles were put to the investigation agency, each of the crimes indicated in the facts charged in the instant case did not contain the same name as the above seized articles. Each of the crimes indicated in the facts charged in the instant case are all identified by the victim, and most of the seized articles were returned to the victim because they were returned to the victim because they could not be seen as stolen articles of the instant facts charged, and thus, the above seized articles cannot be deemed as the victim's return.
Nevertheless, the first instance court has committed an illegal act that sentenced the victim to return the seized article not subject to the return of the victim's name to the party who was not the victim's name, and such an illegal act has influenced the conclusion of the judgment.
B. We examine the larceny of the victim AA listed in the No. 5 of the crime sight table in the judgment of the court of first instance.
When the confession of a defendant is the only evidence against the defendant, it shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). In addition to the confession of the defendant, the investigation report (Article 310 of the Criminal Procedure Act No. 1480 of the Criminal Procedure Act No. 1480 of the evidence No. 1480 of the 2013), the victim A does not know