마약류관리에관한법률위반(향정)등
The judgment below
The collection portion against the defendant shall be reversed.
1.510,00 won shall be additionally collected from the defendant.
1. The decision of the court below on the summary of the grounds for appeal (a punishment of imprisonment for not less than one year, two months, confiscation, and collection of 1740,00 won) is too unreasonable.
2. There are circumstances that consider the circumstances of the defendant such as: (a) the fact that the defendant shows a strong reflective appearance of the defendant in determining the grounds for appeal; (b) the trade mediation, acceptance, medication, and possession of the instant case are a series of acts constituting separate crimes while handling the same phiphonephones; (c) however, considering the following circumstances and all other sentencing circumstances, including the defendant’s age, character and conduct, family relation, motive, means and consequence of the crime; and (d) the punishment that the court below rendered cannot be deemed unfair because it is too unreasonable in light of the following circumstances.
In 2008, the defendant has been sentenced to imprisonment for a violation of Act on the Control of Narcotics, etc.
The judgment below
There is no change in the special circumstances or circumstances that can be newly considered in sentencing after the sentence.
3. Where collection under the Act on the Control of Narcotics, Etc. does not aim at deprivation of profits from criminal acts, but rather at a disposition of punitive nature, it should be ordered to collect the full amount of drug value within the scope he handled on the basis of the defendant. The defendant's series of acts dealt with the same drug constitute separate crimes, and it does not require separate collection for each act.
(see, e.g., Supreme Court Decisions 96Do3397, Mar. 14, 1997; 2000Do546, Sept. 8, 2000). The Defendant arranged to purchase and sell 3 grams from E from E due diligence to purchase and sell 0.4 grams from E, and received free of charge 0.4 grams from the above E from the Defendant’s trade mediation.
The defendant's series of actions dealing with the same phiphones constitute a crime of sale brokerage and waterway screening, and the defendant collects 1,50,000 won, which is the market price of 3g of phiphones, and receives 0,000 won.