마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable as the penalty (eight million won of a fine) imposed by the court below is excessively unreasonable.
2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that, if the location of the defendant is not confirmed even though the defendant took necessary measures to confirm the location of the defendant ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, service to the defendant shall be made by public notice after six months from the date on which the report on the impossibility of service
According to the records, the court below rendered a judgment by serving service by public notice on March 8, 2016, which was six months before the receipt of the report on the failure to serve on the defendant on December 14, 2015, and served by public notice on March 8, 2016, and without the defendant's statement. Since the court below's decision by public notice and its service are unlawful, the court below's decision by public notice and its service are erroneous, which affected the conclusion of the judgment by violating the Acts
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
(Article 67 of the Narcotics Control Act provides that narcotics, etc. provided for a crime as prescribed by the above Act and proceeds therefrom shall be confiscated, and if they cannot be confiscated, the equivalent value thereof shall be collected. However, in this case where only the defendant appealed, the defendant shall not be sentenced to a new confiscation or collection in accordance with the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act. The summary of the facts constituting an offense and evidence recognized by the court, and the summary of the evidence thereof, are reasons for the judgment of the court below.