The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

A security card which has been seized is a new security card.

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the head of health unit and the seized stolen property, for which the reason for return to the victim is apparent, shall be sentenced to return to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, one copy of the security card (No. 12) of the seized property of this case is the stolen property due to the crime No. 1 and No. 2 of the list of crimes No. 1 of the judgment of the court below, and therefore, the reason for return to the victim K is apparent. Thus, the above seized property shall be sentenced to return to the victim by the judgment.

Nevertheless, the lower court erred by neglecting this and failing to render a sentence for the return of the victim, so the lower judgment was no longer maintained in this respect.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ground of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act (the points of larceny at night), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the said Act, Article 322 and Article 319 (1) of the said Act (the points of attempted intrusion upon residence and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act to return victims has been punished several times as the same crime.