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The judgment below
The part of the forfeiture shall be reversed.
In 2012, the Ministry of Education of Incheon District Prosecutors' Office from No. 1 to 5 seized evidence shall be the 2012.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, subparagraphs 1 through 3 of the evidence seized by the Defendant should be confiscated as an article provided for criminal acts, and the lower court erred by omitting the confiscation thereof.
B. The sentence imposed by the lower court on the Defendant (two years of imprisonment, three years of suspended execution, one hundred and sixty hours of community service, confiscation) is too uneasable and unreasonable.
2. According to the evidence duly adopted and examined by the court below regarding the assertion of misapprehension of legal principles, the police seized 20 monitors of the game machine from the defendant who was the possessor of the first building 713 in Bupyeong-si, Seocheon-gu, 2012 (No. 1), 23 of the main body of the game machine (No. 23), and 2 of the distribution machine (No. 3). The above evidence No. 1 through 3 can be acknowledged that the defendant conspired with F and E for conducting the illegal game room business in collusion with F and E, although confiscation under Article 48 (1) 1 of the Criminal Act is an arbitrary confiscation, it can not be ruled out that if the defendant does not confiscate the article subject to voluntary confiscation, it could not be ruled out that the confiscation of the article provided to the same kind of crime would have an influence on the prosecutor's decision that did not declare the above seizure without any special reason. Thus, the court below erred in this part of the judgment below, which affected the conclusion of the judgment below.
3. The instant crime on the assertion of unfair sentencing is committed under unfavorable circumstances, such as: (a) the operation of an illegal game room; and (b) the false statement in order to escape accomplices; (c) the Defendant committed the instant crime despite the record of having been sentenced to punishment due to the crime of gambling opening, etc.; and (d) continuing to conduct business at another place even after the control of the game room; and (c) the Defendant is both aware of and against the instant crime.