beta
(영문) 대전지방법원 2014.08.27 2014노680

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair punishment) is too unfeasible that the punishment (one year and six months of imprisonment, two years of suspended execution, two years of probation, and 40 hours of an order to attend pharmacologic treatment) sentenced by the court below is too unfasible.

Confiscation or collection under Article 67 of the Act on the Management of Narcotics, Etc. for Ex Officio Determination is not aimed at deprivation of the benefits from a criminal act, but rather a disposition of a punitive nature, so there was no benefit from the criminal act.

Even if the court orders the collection of the equivalent value, and if there are many persons who have committed the crime with respect to the scope of the collection, the court shall order each person to collect the equivalent value of the narcotics within the scope he handled (see, e.g., Supreme Court Decisions 92Do3250, Mar. 23, 1993; 2001Do5158, Dec. 28, 2001). However, it does not require strict certification as to whether a series of acts by the defendant who handled the same narcotics constitutes separate crimes (see, e.g., Supreme Court Decisions 96Do3397, Mar. 14, 1997; 200Do546, Sept. 8, 200).

(See Supreme Court Decisions 91Do3346 delivered on June 22, 1993, 2006Do9314 delivered on March 15, 2007). However, according to the evidence duly adopted and examined by the court below, the defendant was found to have purchased approximately 0.5 grams from D, a psychotropic drug, together with C, around February 6, 2013, at the top of the bus termination point in Geumcheon-gu Seoul, at around 03:30, 2013, approximately 0.5 grams from C, a psychotropic drug, at around 300,000 won, and omitted the collection of the value of the chophone purchased by the defendant pursuant to the necessary additional collection provision under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., so the court below erred by misapprehending the legal principles on necessary additional collection.

Therefore, the court below's judgment is correct.