사행행위등규제및처벌특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the legal principle) is unlawful since the court below declared a guilty verdict against the Defendant, but omitted collection of the Defendant’s criminal proceeds of the instant crime, which was 700,000 won.
2. The crime of this case constitutes a serious crime under Article 2 subparag. 1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, and criminal proceeds derived from the crime of this case are subject to collection in accordance with Articles 10(1) and 8(1) of the said Act.
However, since the collection of additional collection under Article 10 of the above Act is voluntary, whether it is necessary to collect additional collection even if it meets the requirements for such additional collection is entrusted to the court's discretion (see Supreme Court Decision 2007Do2451, Jun. 14, 2007, etc.). Therefore, the court below did not sentence such additional collection.
Therefore, the Prosecutor’s assertion on this part is not accepted (Article 48 of the Criminal Act, which is alleged as the ground for additional collection, also corresponds to voluntary additional collection, and conclusion is not different). 3. As such, the Prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.