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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Samsung, seized.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Since one unit (No. 1) and one cellular phone (No. 13) confiscated by the court below were not provided or intended to be provided for a crime, it is unlawful for the court below to confiscate the above goods from the defendant. 2) The punishment of the court below (one year of imprisonment) is too heavy.
B. The Prosecutor’s sentence of the lower court is too minor.
2. Determination:
A. In light of the fact that the confiscation under the relevant legal principles is a sentence imposed in addition to other punishment in the conviction against the accused who is under a criminal trial against the facts charged, it should be recognized that certain goods are “goods to be provided for an act of crime” and the said goods are goods intended to be provided for an act of crime recognized as guilty.
(See Supreme Court Decision 2007Do10034 Decided February 14, 2008). B.
1) As to the first unit (No. 1) of the computer body confiscated by the Defendant, there is no evidence to acknowledge that the first unit of the said computer body was or intended to be provided for the instant criminal act. 2) In the case of one mobile phone (No. 13), it is insufficient to recognize that the said mobile phone was provided for the instant criminal act, even though it is recognized that the name and contact number of the “P” was stored in the said mobile phone, and that the said mobile phone was provided solely on such facts.
3) In addition, various cash cards, security cards, and passbooks (in the case of subparagraphs 3 through 8 of this Article, the facts that the above cash cards, etc. were used to sell personal information acquired by the defendant for profit are merely merely the motive of the instant criminal act or the circumstances after the instant criminal act, and there is no evidence to prove that the above cash cards, etc. were provided to the instant criminal act that the defendant acquired or stored personal information.
C. Nevertheless, the lower court, despite its determination, has confiscated each of the above articles confiscated by the Defendant.