A. Chapter 11, 301, 301, 300,000 Won Won (total amount of KRW 3,563,00; hereinafter “the instant money”), which was seized by mistake of facts or misapprehension of legal principles, is the money remaining after being used as the purchase cost of hearing aids and the cost of a convalescent hospital at KRW 10,000,000, which was received by the Defendant from the Defendant’s wife, to give the Defendant’s wife with the cost of living. It is the money that is not related to the instant crime.

Therefore, it is improper to confiscate it from the defendant.

B. In light of the fact that the defendant in an unreasonable sentencing is against his depth and is expected not to repeat a crime, the health of his mother and child is not good, and the support of the defendant's family is urgently needed to the defendant's family, etc., the punishment (one and half years of imprisonment) imposed by the court below is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles is acknowledged based on evidence duly adopted and investigated by the court below, i.e., ① the money in this case was found in the color room on the Ecoos vehicle on which the defendant was boarding, and the money was divided into four bags by separating the original right and the daily right and divided into four bags, and it seems that it was used to make a difference from the entrance of the envelope or to make a deduction of money several times since the envelope was stored, and ② the money was included in the calculation of the shape of the envelope containing the money in this case.

It appears that money has been collected more than several times, and the money of this case has been found with 57 cash bags (purposes with financial institutions) which seem to have been used in this process, and ③ the money of this case also was in the color room with approximately 32.64g philopon, approximately 0.79g 0.79g for hemps, and one-time plastic bags, plastic bags, and electronic storages, etc.