The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The excessive one (No. 1) seized shall be confiscated.

Summary of Grounds for Appeal

The court below, however, omitted the judgment of forfeiture as to subparagraph 1 of the seized evidence.

The punishment sentenced by the court below on unreasonable sentencing (eight months of imprisonment) is too unhued and unfair.

The sentence imposed by the court below is too unreasonable.

Confiscation under the Criminal Act in the judgment of the prosecutor's assertion of the misapprehension of the legal principle is an article provided or intended to be provided for a criminal act, an article produced or acquired by such criminal act, or an article acquired in return for such act, which does not belong to a person other than the criminal, or an article acquired by a person other than

(Article 48(1) of the Criminal Act. According to the evidence duly adopted and examined by the court below, excessive one (No. 1) seized by the defendant constitutes an article used in itself for the execution of the crime of obstruction of performance of special duties of this case, which constitutes an article provided for the crime under the above Article, and it is evident that it does not belong to a person other than the criminal.

In addition, when considering the degree that the above excessive one is used in the execution of the instant crime, the importance of the instant crime, and the risk that the offender would again realize the same kind of crime by taking advantage of the article, the lower court erred by misapprehending the legal doctrine or by misapprehending the fact, thereby not forfeiting the excessive one, which affected the conclusion of the judgment.

3. Since the prosecutor’s appeal of conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the prosecutor’s and the defendant’s assertion of unfair sentencing and the following is

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;