The prosecutor's appeal is dismissed.

1. The court below’s decision on the grounds of appeal is unlawful since it did not confiscate evidence Nos. 6 through 8 (hereinafter “the seized articles of this case”) different from other gambling participants, even though they are golded.

2. The confiscation under the Criminal Act is an object which was provided or intended to be provided for a criminal act, an object which was produced by or obtained in consequence of the criminal act, or an object which was acquired in consideration thereof, and which does not belong to a person other than the criminal, or an object which a person other than the criminal knowingly acquired after the crime is committed (Article 48(1) of the Criminal Act). Since confiscation under Article 48(1)1 of the Criminal Act is discretionary, the issue of whether to confiscate an object that meets the requirements for confiscation is attributable to the court’s discretion (see Supreme Court Decision 200Do515, Sept. 4, 2002). According to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, there is insufficient evidence to acknowledge that the instant seized object is an object which was provided for the criminal act of this case or an object acquired thereby.

The court below did not determine that the failure of the defendant to confiscate the seized article of this case exceeds the discretion of the court of the original instance and is unlawful.

The defendant was consistently in the custody of the defendant from an investigative agency to the court of first instance;

789,00 won is not the money used for gambling.

In particular, the defendant provided 200 won saw 100 won per point for 3 hours with people, and lost 40,000 won.

At the time of gambling, there was one lux and one lux in his front.

“The lower court made the statement.”

Police Officers E, who controlled the instant criminal act, stated in the court of the court below as follows, and as the testimony of E, the Defendant added money to the bank.

even if they were entered in a bank

789,000 won in whole provided for gambling are to be provided for gambling.