The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized and portable telephones (gallon 5.00)

Summary of Reasons for appeal

A. Illegal sentencing of Defendant: The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The prosecutor’s improper sentencing: the lower court’s sentence is too uneasible and unreasonable.

The stolen property that have been seized ex officio and the reason for return to the victim is apparent shall be sentenced to return to the victim by judgment.

According to the records, one unit of seized portable telephone (gallon 5 gallon jum) was used as a stolen crime listed in paragraph (2) of the crime of 2017 Mad 100, and the reason for returning the seized article to the victim I is clear, and there is no evidence to acknowledge that the seized article was returned on the record, so the court below omitted the above seized article even though it had been sentenced to return to the victim I by judgment.

In this respect, the judgment of the court below can no longer be maintained.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the two parties' unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below is as stated in the judgment below, except for the deletion of 2017 Gohap 100’s “Protocol of Police Statements with E” and the addition of “E’s Statement”.

Application of Statutes

1. Relevant legal provisions of the Criminal Act concerning the crime, main sentence of Article 281(1), Article 276(1) of the Criminal Act (the act of causing bodily injury to arrest), Articles 280 and 276(1) of the Criminal Act (the act of attempted arrest, the choice of imprisonment), Article 329 of the Criminal Act (the act of attempted punishment, the choice of imprisonment), Article 347(1) of the Criminal Act (the act of fraud, the choice of imprisonment), Article 347-2 of the Criminal Act (the act of fraud, the act of inducing the use of computers, etc.), Article 347-2 of the Criminal Act

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from the severe arrest);

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. Sentence of a punishment by law;