The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. One kitchen, which was seized by the prosecutor (misunderstanding of the legal principles), (34 cm in total, 20 cm in length, 20 cm in length, 20 cm in length) is an object of confiscation, and is an object of confiscation. However, the court below erred by omitting the sentence of confiscation.

B. The sentence of the lower court (unfair sentencing) is too unreasonable for the Defendant (six months of imprisonment, two years of suspended sentence, and forty hours of order to attend a lecture).

2. As to the prosecutor’s assertion of misapprehension of the legal doctrine, confiscation under the Criminal Act is a thing provided or intended to be provided for a criminal act, a thing produced by or obtained in return for such criminal act, which does not belong to a person other than the criminal, or a thing acquired by a person other than the criminal after the crime is committed (Article 48(1) of the Criminal Act). According to the evidence duly adopted and investigated by the court below, one kitchen blade (No. 2) seized by the defendant from the defendant constitutes an article used for the act of committing the special injury of this case itself, and it is evident that it does not belong to a person other than the criminal.

In doing so, the lower court erred by omitting judgment, such as failing to make any judgment even though the prosecutor sought a sentence of forfeiture.

3. If so, the prosecutor's appeal is reasonable, and thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the court below's appeal is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the crime, the choice of punishment (the point of damage to property, the choice of imprisonment) and Articles 258-2(1) and 257 of the Criminal Act.