The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

(a) the sentence of forfeiture on the knife (No. 1) used for committing a crime of special intimidation omitted from the sentence of forfeiture was omitted;

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and three years of suspended execution) is too uneased and unreasonable.

2. Determination

A. As to the assertion of omission of a sentence of forfeiture, the confiscation under the Criminal Act may be limited to the goods provided or intended to be provided for the criminal act, the goods produced or acquired by the criminal act, or the goods acquired in return for such act, which are not owned by a person other than the criminal but can be limited to the goods acquired by a person other

(Article 48(1) of the Criminal Act. However, according to the protocol of seizure by an investigative agency (Evidence No. 12 pages), the knife used by the defendant for the crime of this case is owned by the victim, and the defendant and the victim are married, and the knife is a couple, and the knife is a thing being used in daily life at the house where the defendant and the victim reside together, and there is room for presumption as sharing between the defendant and the victim pursuant to

Since Article 48(1) of the Criminal Act does not constitute “goods owned by a person other than the criminal or acquired by a person other than the criminal knowing the fact after the crime was committed, it cannot be deemed that the person satisfies the requirements for confiscation.”

Therefore, this part of the prosecutor's argument is without merit.

B. It is reasonable to respect the allegation of unfair sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Each of the instant cases pertains to: (a) the threat of a victim, who is the spouse of a dangerous object, by means of a knife, the defendant’s risk; (b) the nature of the crime is not good; and (c) the police officer dispatched upon receipt of a report to commit an assault; and (d) the Defendant