The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (the imprisonment of eight months and the suspension of execution of two years) is deemed to be too unhued and unfair.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

Article 48 (1) 1 of the Criminal Code provides that "the articles provided or intended to be provided to criminal acts" as objects that may be confiscated.

In this context, "goods provided for criminal conduct" means goods used for criminal conduct or conduct closely related to such conduct, and "goods to be provided for criminal conduct" means goods that have been prepared to be used for criminal conduct, but have not been actually used.

According to the records, subparagraphs 1 and 2 (one knife, one knife, one knife, one knife) of seized evidence is used by the defendant for each of the crimes of this case, and the court below did not confiscate the article provided or intended to be provided to the criminal acts of this case even though it is apparent.

The lower court erred by misapprehending the legal doctrine on the requirements for confiscation or by failing to exhaust all necessary deliberations, thereby adversely affecting the conclusion of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

B. The Defendant committed each of the instant crimes using a knife and knife to determine the illegality of sentencing. In light of the used tool, it appears that the risk of the crime was not reduced, and that the Defendant was planned to commit the crime, such as preparing for the criminal tool in advance and deceiving the victim, etc., which is disadvantageous to the Defendant.

However, the defendant appears to have the attitude to recognize and reflect all of his crimes, and all of the crimes of this case are attempted, and the defendant was disabled by several accidents, and his body cannot be used entirely.