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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Subparagraph 2 (No. 2) and No. 3 (No. 3) of the evidence seized by the public prosecutor are as follows: (a) Defendant A went to the Suwon Youth Culture Center to purchase stolens on June 30, 2013; and (b) Defendant A was seized to police officers at that site; (c) thus, the above evidence Nos. 2 and 3 of the above evidence constitutes funds prepared to purchase stolens by Defendant A and intended to provide stolens to Defendant A, and thus, the lower court’s judgment that did not confiscate them is unreasonable.
B. The defendants' punishment (the defendant A: one year of imprisonment, two years of suspended execution, probation, confiscation, and defendant B: fine of five million won) is too unreasonable.
2. Determination
A. Article 48(1)1 of the Criminal Act provides that “any article provided or intended to be provided for an act of crime” as an article that can be confiscated. Here, “the article intended to be provided for an act of crime” refers to an article that has been prepared to be used in the criminal act but has not been actually used. In light of the fact that the confiscation under the Criminal Act is a sentence sentenced in addition to other punishment in addition to a conviction against the defendant who is convicted of having committed an offense, it should be recognized that any article is “the article intended to be provided for an act of crime” and “the article intended to be provided for an act of crime
(See Supreme Court Decision 2007Do10034 Decided February 14, 2008). The following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, Defendant A: (a) with respect to the case of heading 160 [1] and cash (No. 2 and 3] on June 30, 2013, he/she voluntarily submitted to a judicial police officer one Handphone (No. 1) and one Handphone (No. 2 and 3) held on the street in front of the Korean pipeline located in the transfer-dong of Suwon-gu, Suwon-si; (b) the said Handphone and cash (No. 2014Da160) were seized; and (c) the facts charged in the case of Defendant A were around June 1, 2013 and the same year.
6.2.Woods.