특정범죄가중처벌등에관한법률위반(마약)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
56,690,00 won shall be collected from the defendant.
Summary of Reasons for appeal
A. Illegal sentencing of Defendant: The sentence of the lower court (eight years of imprisonment) is too unreasonable.
B. The prosecutor’s improper sentencing: the lower court’s sentence is too uneasible and unreasonable.
Judgment ex officio
A. Article 11(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 58(1)6, Article 4(1)1 and Article 2 subparag. 3(b) of the Act on the Aggravated Punishment, etc. of Narcotics, and Article 30 of the Criminal Act apply to the prosecutor’s amendment of the indictment in the trial of the case. Article 58(1)6, Article 4(1)4(1), and Article 2 subparag. 3(b) of the former Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the prosecutor shall apply to the amendment of the indictment in the trial of the public prosecutor, and the application to amend the indictment to the “Article 30 of the Criminal Act,” and thus, the judgment of the court below may no longer be maintained in this regard.
B. Confiscation or collection under Article 67 of the Narcotics Control Act does not aim at deprivation of the benefits from a criminal act, but rather is a disposition of punitive nature. Thus, even if no benefits have been acquired from the criminal act, the court shall order the collection of the equivalent value (see Supreme Court Decision 2010Do7251, Aug. 26, 2010). As to the scope of the equivalent collection, it is sufficient that the Defendant’s series of acts handled the same drug constitutes separate crimes, and it does not require separate collection for each act (see Supreme Court Decision 2000Do546, Sept. 8, 200). If all or part of the narcotics were confiscated from the owner or last possessor of the narcotics, it is the same as the actual confiscation of the narcotics, etc., and thus, the equivalent amount of the confiscated narcotics can be collected.