마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
20,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles on the purchase price of approximately KRW 50,80,00,000, which was collected from the defendant from the defendant, for about KRW 50,000,00 which was collected by the defendant, and the court below erred by misapprehending the legal principles on additional collection, which affected the conclusion of the judgment, since I imported approximately approximately KRW 215.64 g of philophone, including approximately 50 glophones, which was arrested to the investigation agency, and approximately KRW 215.64 g of the above philophones, was confiscated by the court.
B. The sentence imposed by the court below on the defendant (two years of imprisonment and additional collection) is too unreasonable.
2. As to the Defendant’s assertion of misapprehension of the legal doctrine, the additional collection under the Act on the Control of Narcotics, Etc. is a disposition with punitive nature, and thus, not only the owner or the final holder of the same narcotics, but also the person who handles the same narcotics, etc., shall be ordered to collect the full amount of the value handled within the scope of the handling. However, if the whole or part of the narcotics, etc. were confiscated from the owner or the final holder thereof, it is the same as the forfeiture in substance in relation to the other persons
(See Supreme Court Decision 2009Do2819 Decided June 11, 2009). According to each description of evidence Nos. 1 and 2 (a copy of each written judgment) submitted by the Defendant, I, in collusion with G, filed an appeal for forfeiture of approximately three years and six months imprisonment with prison labor at the Suwon District Court on Oct. 24, 2012 and approximately two hundred and sixty months with prison labor at the Suwon District Court on Jan. 31, 2013, and the judgment of dismissal of the appeal becomes final and conclusive on Feb. 8, 2013.