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(영문) 서울중앙지방법원 2013.05.16 2013노962

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1,283,00 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment and 1,383,000 additional dues) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court, without explaining the calculation details, additionally collected KRW 1,383,00 from the Defendant pursuant to the proviso of Article 67 of the Narcotics Control Act.

However, according to the evidence duly adopted and examined by the lower court, the Defendant purchased three parts of marijuana at KRW 180,00 on September 4, 2012; around 15:30,000; around September 6, 2012; around KRW 17:30; around September 17, 2012; and around September 14:00; and on September 24, 2012; ② the Defendant received three parts of marijuana medication at around 17:30 on July 24, 2012; and ③ the Defendant issued 6:0 on September 17:0 on July 24, 2012; and the Defendant was recognized to have received three parts of marijuana medication at around 17:0 on July 24, 2012; ③ on September 20, 2012; and on September 29, 2012: 1: 20 on July 29, 2012.

If so, the amount to be collected from the defendant shall be the sum of 90,000 won (per 100,000 won (per 100,000 won) x 3 times x 1,500 won for each marijuana transfer / (per 1,500 won for each marijuana transfer / 1,500 won for 1,50 won for each marijuana transfer / 200,000 won for 1,50 won for 1,50 won for each marijuana transfer / 1,00 won for 18:0 won for first and first 18:0 won for cloon on September 2012, it shall not be collected separately because part of the clophonephone received without compensation by the defendant).

Therefore, the judgment of the court below which collected 1,383,00 won is erroneous in the misunderstanding of legal principles as to necessary additional collection under the Narcotics Control Act, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below shall be reversed ex officio as seen earlier.