The prosecutor's appeal is dismissed.

1. Aphonexs 1 (No. 1) whose summary of the grounds for appeal was confiscated is the object provided for the crime of intimidation in this case and the confiscation thereof is necessary. Even if the court below rendered a judgment dismissing public prosecution at the court below, this constitutes a case where “where the requirements for confiscation are satisfied even if a judgment of conviction is not rendered against an accused person, the confiscation can be imposed if the requirements for confiscation are met” under the proviso of Article 49 of the Criminal Act, but the court below did not confiscate the above seized object. However, the court below held that the prosecutor made an unfair sentencing statement only on the grounds of appeal, but in light of the description and content of the grounds for appeal submitted by the public prosecutor, it can be seen as

There is an error of unfair sentencing or unfair sentencing.

2. The proviso to Article 49 of the Criminal Act provides that even if a judgment of conviction is not rendered against an accused, confiscation may be ordered when the requisites for confiscation exist. However, since there is no system that can separately sentence confiscation without institution of a public prosecution under our legislation, in cases of acquittal, other than where the facts charged are acknowledged by entering a substantive judgment, in principle, confiscation may not be ordered (see, e.g., Supreme Court Decisions 92Do700, Jul. 28, 1992; 2007Do4556, Jul. 26, 2007). The same applies to dismissal of public prosecution.

In this case, the court below sentenced the court below to dismiss all the crime of assault and intimidation of this case, which is the crime of non-compliance with punishment on the ground that the victim expressed his intention not to punish. In light of the above legal principles, it is reasonable to view that the confiscation of seized articles cannot be separately made.

Therefore, the prosecutor's above assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.