몰수 대상으로서의 ʻ범죄행위 제공물건ʼ의 인정범위 확대론의 고찰

The basic requirements for confiscation should correspond to the goods provided in the criminal act. Items provided for criminal acts shall be limited to those provided for the relevant acts itself, which are the constituent requirements of the criminal fact for which the template was sentenced, acording to the view that confiscation is added to the template as an additional punishment, the principle of the guilt court rule should be strictly applied. If the purpose of punishing a criminal or criminal activity is weakened or lost, confiscation is required, and confiscation must be recognized if necessary from a preventive point of view, such as when there is a risk of a recidivism even if a product provided for an activity performed after the execution of the act is terminated. It is said that the concept of an object should be expanded, according to the position that emphasizes the security disposition nature of confiscation. It is necessary to establish a theory that simultaneously pursues expansion and restriction in the sense that the principle of criminal courtism is applied to confiscation as an additional sentence while ensuring the demand for clarity and predictability of punishment while accepting the need for criminal policy to expand the subject of confiscation, in order to overcome the limitations of reality that rely on the discretionary judgment of the court as to whether or not confiscation.