The appeal is dismissed.

The grounds of appeal are examined.

Since the confiscation under Article 48 (1) of the Criminal Code is voluntary, it is assumed that the court's discretion to confiscate even an article that meets the requirements for the confiscation.

(2) In light of the legal principles on confiscation under Article 48(1) of the Criminal Act, it cannot be deemed that the lower court erred by misapprehending the legal doctrine on confiscation under Article 48(1) of the Criminal Act, or by omitting necessary judgment, thereby adversely affecting the conclusion of the judgment, even though the lower court did not render the confiscation of a total gas (No. 1) and one (No. 2) seized from the Defendant as an object of voluntary confiscation, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.