The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of community service) is too unreasonable.

B. Although it is necessary to confiscate excessive seizure, which is the goods provided for the instant crime, the Prosecutor’s lower court omitted the sentence, and the sentence sentenced by the lower court is too uneasible and unreasonable.

2. First of all, we examine the prosecutor’s allegation of omission in sentencing.

According to the records, excessive one percent (No. 1) that was confiscated is a thing that the defendant provided for the crime of this case, and thus is subject to voluntary confiscation pursuant to Article 48(1)1 of the Criminal Act.

In light of the fact that the articles subject to voluntary confiscation are not subject to forfeiture, it cannot be ruled out that the defendant could not use them to prevent recidivism, the confiscation of articles provided to the criminal act in the same case, and the process and method of the criminal act in this case, etc., the court below committed an unlawful act that affected the conclusion of the judgment, since the failure of the court below to sentence confiscation of the above seized articles without any special reason, is an unlawful act that deviates from the limitation of discretionary power as to discretionary forfeiture

3. If so, the prosecutor's appeal is reasonable. Thus, the decision of the court below is reversed under Article 326 (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the following decision is again rendered through pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 260 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Confiscation Article 48 of the Criminal Act