마약류관리에관한법률위반(향정)
All the judgment below is reversed.
Defendants shall be punished by imprisonment for one year and four months.
Defendant No. 1 of the seized evidence.
1. The summary of the grounds for appeal (e.g., imprisonment of one year and six months, confiscation, additional collection of 1.5 million won, Defendant B: imprisonment of one year and six months, confiscation, and additional collection of 1.2 million won) that the court below sentenced to the Defendants is too unreasonable.
2. Determination
A. Ex officio determination on Defendant A (1) Confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc. is not aimed at deprivation of benefits from criminal conduct, but rather a disposition of punitive nature, so there was no benefit from such crime.
Even if the court orders the collection of the equivalent value, and if there are many persons who have committed a 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, with respect to the scope of the collection, the court shall order the collection of the equivalent value of the narcotics within the scope he handled based on the defendant, and it does not require a separate collection for each act by the defendant who handled the same narcotics.
(See Supreme Court Decisions 96Do3397 delivered on March 14, 1997; 2000Do546 delivered on September 8, 2000, etc.). (2) The lower court, without explaining the calculation details, sentenced Defendant A to a collection of KRW 1.5 million from Defendant A.
However, according to the evidence duly admitted and examined by the court below, the defendant A purchased 1.3g of the Mepta (hereinafter referred to as "philopon") from the defendant B on March 6, 2013, and sold the philopon to F for KRW 500,000,000, or consumed it for five times.
Therefore, even though the amount to be collected from Defendant A should be one million won, the lower court collected 1.5 million won from Defendant A.