The judgment of the court below is reversed.

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

The seized Samsung Tallon jute 2 gym.

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

A. The lower court deemed that seized 37 copies of 370,00 won per day (No. 1), 20 copies of 20,000 won per day (No. 20,000 won per day), Samsung Talgalamno2 (No. 5,000), Samsung mobilephone (SPH-W9350, spH-W9350, sponsing color, and a series of sides: No. 7) provided or intended to provide for criminal acts, and thus, each of the Defendant is confiscated from the Defendant by applying Article 48(1)1 of the Criminal Act.

B. However, even based on the evidence submitted by the prosecutor, there is no evidence to acknowledge that the above seized articles are articles provided or intended to be provided for the criminal act, and there is no evidence to acknowledge that they are articles produced or obtained by the criminal act under Article 48(1)2 of the Criminal Act or articles acquired in return for the crime under subparagraph 3. Thus, the above seized articles cannot be deemed subject to confiscation.

C. Rather, according to the records, among the above seized articles, 37 copies (No. 1) and 20 copies (No. 20,000 won) of the seized articles are the proceeds of disposing of stolen articles acquired by the defendant through the crime of this case, and the remainder of seized articles can be recognized as stolen articles acquired through the crime of this case. Thus, the above seized articles are only subject to return to the victim or delivery to the victim.

The judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles with respect to confiscation, and thus cannot be reversed.

3. 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, on the grounds of ex officio reversal as seen above, and the judgment below is again ruled as follows.

Criminal facts

The summary of the evidence and the summary of the evidence is to add the "Investigation Report (ABC Fact-finding Investigation)" and the "Investigation Report (AFC-related Investigation)" to the summary of the evidence.