beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
seizure.
Reasons
1. The summary of the grounds for appeal (the sentence imposed by the court below on the defendants A: imprisonment of one year and six months; confiscation; imprisonment of four months; suspension of execution of two years; and order of community service of 120 hours) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by Defendant A’s ex officio determination on the grounds for appeal by Defendant A, the lower court ex officio held that “Article 44(2) of the Game Industry Promotion Act and Article 48(1)1 and 2 of the Criminal Act” as the grounds for the confiscation of the seized evidence Nos. 1 through 33.
Article 44(2) of the Game Industry Promotion Act provides that "game products owned or occupied by a person who causes others to engage in gambling or other speculative acts using game products, and profits generated from such criminal acts and property derived from such criminal proceeds," and Article 48(1)1 and 2 of the Criminal Act provides that "the whole or part of the goods provided or intended to be provided for an act of crime and the goods generated or acquired from such act may be confiscated" (Article 48(1)1 and 20 of the Criminal Act). However, the seized evidence No. 8 and 20 cannot be deemed as "the profits obtained from such criminal act and the property derived from such criminal proceeds," which are cell phones seized by the defendant A, etc., and thus cannot be deemed as "the goods produced or acquired from such criminal act or from such criminal act". Thus, even though the requirements for the confiscation of the seized evidence No. 8 and 20 are not satisfied, it is unlawful for the court below to sentence the confiscation thereof.
Therefore, the part of the judgment of the court below against Defendant A cannot be reversed.
3. The above defendant's confession, the degree of participation in the crime is relatively low, and there is no previous conviction or fine exceeding the same kind of criminal records and fine, or even after being discovered to an investigative agency, the crime is again committed.