The judgment below

The part concerning each confiscation in the judgment of the court of first instance shall be reversed.

Seized evidence 14 through 16, 18 through 22, .

The grounds of appeal are examined.

1. The proviso of Article 49 of the Criminal Act provides that “ even if a judgment of conviction is not rendered against an accused, confiscation may be ordered when the requisites of confiscation are satisfied.”

However, since there is no system in which confiscation can be sentenced separately without institution of public prosecution under our legal system, so in order to sentence confiscation based on the above provision, the requirements of confiscation must be related to the facts charged for which a public prosecution has been instituted, and in case where the facts charged are not acknowledged, it would be against the principle of no objection against the principle of no accusation to recognize the facts charged for which no public prosecution has been instituted and to sentence confiscation.

(2) The court below held that the Defendant was guilty on July 28, 1992 of cash 200 and June 27, 2013 (see, e.g., Supreme Court Decisions 2013Do4096, Jun. 27, 2013). Such a legal principle likewise applies to confiscation under Article 67 of the Narcotics Control Act, which is a special provision regarding confiscation under Article 48 of the Criminal Act (see, e.g., Supreme Court Decision 2006Do485, Nov. 13, 2008).