마약류관리에관한법률위반(향정)
Each of the judgment of the court below and the judgment of the court of first instance concerning additional collection shall be reversed.
41,943,00 won from the defendant.
1. We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the sentence is unfair
2. Furthermore, ex officio finc.
The first instance judgment maintained by the court below was ordered to collect 45,943,000 won from the defendant in accordance with each of the crimes of violation of the Narcotics Control Act (narcotics) by the defendant.
However, according to the reasoning of the judgment of the court of first instance cited by the court below and the records, 8.4 million won or its profits from the above-mentioned paragraphs (a) and (2) of Article 1-1-2, 1.7 million won with respect to paragraphs (b) and (2) of Article 1-1-2, 1.7 million won with respect to paragraphs (b) and (3) of Article 3, 64,000 won (=830,000 won x 0.8), 16,000 won with respect to paragraph (3) of Article 3-3, 3-D (=830,000 won x 0.2), 3.5 million won with respect to paragraph (a) of Article 3-4, 3.5 million won, 830,000 won (=830,000 won x 0.3 million won) x 6.4 million won with respect to each of the above paragraphs (b) 6.3 million won and 4 million won.4 million won
The judgment of the court below is erroneous in the misapprehension of legal principles as to the calculation of the first instance court and affected the conclusion of the judgment.
3. Therefore, the part of the judgment of the court below regarding additional collection is reversed, and this part is sufficient to be directly decided by this court based on the evidence examined by the records and evidence up to the court below. Accordingly, the remaining appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
For the reasons stated above, the former narcotics control is required.