마약류관리에관한법률위반(향정)
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to render an additional collection of KRW 17,197,081 to the defendant for the reasons stated in its reasoning, and there is no error in the misapprehension of the legal principles as to the calculation of additional collection
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable
On the other hand, the court below erred in the misapprehension of legal principles as to the violation of the Act on the Control of Narcotics, etc. from Sale of Handphones.
The argument that there was error in the search and seizure procedure is not a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below that it was not subject to judgment ex officio.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.