1. On the grounds of the prosecutor’s appeal, the lower court did not order the collection of penalty on the grounds that there is no evidence to support the criminal proceeds derived from committing a crime committed in the activities of a criminal organization.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on additional collection as the grounds for appeal.

The Prosecutor appealed the entire judgment of the court below, but the guilty part is not indicated in the petition of appeal or in the reasoning of appeal.

2. According to the records on the Defendant’s appeal, the Defendant did not submit a petition of appeal to the lower court, and the national defense counsel submitted the title “written reasons for appeal” to the Supreme Court on January 19, 2021 when the period for filing the petition of appeal expires.

The appeal by the national defense counsel was filed after the right to appeal was extinguished even if the appeal was filed as a final appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.