The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was suffering from mental illness and drinking, and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment and confiscation) is too unreasonable.

2. Determination

A. In full view of all the circumstances such as the process and method of each of the instant crimes and the circumstances before and after the instant crimes, it is recognized that the Defendant had the ability to discern things or make decisions due to mental illness and drinking at the time of each of the instant crimes, and thus, the above assertion by the Defendant is with merit.

B. Article 48(1)1 of the ex officio judgment of the Criminal Code provides that an article provided or intended to be provided for criminal conduct that does not belong to a person other than the criminal or may be confiscated by a person other than the criminal with the knowledge of the fact after the crime. It does not belong to a person other than the criminal. It refers to an article that belongs to the ownership of the criminal and does not belong to any person.

However, according to each description of the records of seizure (fields) and the list of seizures and investigation reports, one knife (1 No. 1 of the year list of seized articles (No. 1404) owner of seized articles is the victim'sO. There is no evidence to prove otherwise that he/she renounced his/her ownership of seized articles and thus the above seized articles did not belong to any person. Rather, the above seized articles cannot be subject to confiscation under Article 48 (1) 1 of the Criminal Act.

Nevertheless, since the court below erred by forfeiture of this, the part concerning forfeiture of the judgment of the court below can no longer be maintained.

3. If so, the defendant's appeal is reasonable, and the part concerning confiscation among the judgment below is reversed ex officio.