The judgment below

The part of the forfeiture shall be reversed.

In 2014, the Seongbuk-gu District Prosecutors' Office, which is located in the seized business cell phone.

1. Summary of grounds for appeal;

A. The business mobile phone (hereinafter “the instant mobile phone”) confiscated from D’s illegality due to the omission of confiscation should be confiscated as an object provided to the instant criminal act, which was the object of the instant criminal act. However, the lower court’s determination on this portion is unlawful, since it omitted the confiscation of the aforementioned object.

B. The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of social service, confiscation, and additional collection) is too uneasable and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the records of this case, the mobile phone of this case is owned by the defendant, and the fact that the mobile phone of this case was used as a means of contact with the purchaser at the sexual traffic business establishment of this case.

Meanwhile, the confiscation under Article 48(1)1 of the Criminal Act is a voluntary confiscation. However, in light of the general fact that the confiscation of goods provided to a criminal act in the same case can not be ruled out unless the goods are subject to voluntary confiscation, and that the confiscation of goods provided to a criminal act in the same kind of case, the court below committed an unlawful act that affected the conclusion of the judgment by deviating from the discretionary power on discretionary confiscation.

Therefore, this part of the prosecutor's argument is justified.

B. In the year 2011, the Defendant had a record of having been punished by a fine for the same kind of crime, and the Defendant committed a sexual traffic business establishment by replacing the place. However, even though the Defendant made a confession of all each of the instant crimes and operated a sexual traffic business establishment, the Defendant has no criminal record exceeding the fine, and the Defendant is in the form of blood cancer, etc., and the current health status is not good.