The prosecutor's appeal is dismissed.

1. The evidence No. 1 [gallonland (S/N) 1] seized on the summary of the grounds for appeal (misunderstanding of legal principles) is an object used for the instant crime and subject to forfeiture pursuant to Article 48(1)1 of the Criminal Act, and the judgment of the court below omitted, which erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The confiscation under Article 48(1) of the Criminal Act is a voluntary confiscation under Article 48(1) of the Criminal Act. As such, the issue of whether to confiscate an article that meets the requirement of confiscation depends on the court’s discretion (see Supreme Court Decision 2000Do515, Sept. 4, 2002, etc.). Therefore, it cannot be deemed that the court below’s failure to sentence the confiscation of an article subject to voluntary confiscation is illegal. Thus, the prosecutor’s allegation in this part cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.