폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The prosecutor's appeal is dismissed.
1. Article 48(1)1 (k) of the Criminal Act provides for the special intimidation of this case, which is an object of confiscation under Article 48(1)1 of the Criminal Act. In so doing, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. The confiscation under Article 48(1) of the Criminal Act is a voluntary confiscation under Article 48(1) of the Criminal Act. As such, the issue of whether to confiscate an article that meets the requirement of confiscation depends on the court’s discretion (see Supreme Court Decision 2000Do515, Sept. 4, 2002, etc.). Therefore, it cannot be deemed that the court below’s failure to sentence the confiscation of an article subject to voluntary confiscation is illegal. Thus, the prosecutor’s allegation in this part cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.