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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
Reasons
1. The summary of the grounds for appeal is too heavy (one year and six months of imprisonment) of the lower court;
2. 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.
However, the court below erred as follows with regard to the return of victims.
A. No. 20 of the seized evidence No. 20 was temporarily returned to the victim C’s owner (Evidence No. 289, 301 pages), and the lower court sentenced the victim to return the seized evidence to the victim’s name unrefluent.
B. Nos. 6 through 19, 21, 91 through 110, and 120 through 126 of the seized evidence are insufficient evidence to view that each of the crimes listed in the facts charged in the instant case is a damaged product. The victims of each of the crimes stated in each of the facts charged in the instant case had confirmed the seized article and had already been temporarily returned from the seized article, and the court below ordered the return to the victim E, and Nos. 22 through 90, 127 were temporarily returned to the victim F.
Comprehensively taking account of the facts charged, the above seized articles cannot be deemed stolen from the crime of this case. The lower court sentenced the above seized articles to return them to the victim’s name dissipant.
3. If so, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the remaining part of the judgment below except the rejection of the application for compensation order pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting a crime and the summary of the evidence recognized by this court are identical to the facts constituting a crime in the judgment of the court below, except for the correction of "B" part of "3." among the facts constituting a crime in the judgment of the court below as "3." Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;