The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal by the defendant (unfair sentencing) is too unreasonable that the sentence (one year of imprisonment, confiscation, and collection) imposed by the court below is too unreasonable.

2. Determination

A. 1) An ex officio determination is not for the purpose of depriving of profits from criminal acts, but for the disposition of punitive nature, it is necessary to issue an order to collect the full amount of pharmaceutical value within the scope dealt with by the defendant based on the defendant. The defendant's series of actions dealing with the same drug constitutes separate crimes, and it does not require a separate collection for each act (see, e.g., Supreme Court Decisions 96Do3397, Mar. 14, 1997; 200Do546, Sept. 8, 200). 2) Based on the above legal principles, it was examined as to the ex officio collection based on the evidence duly adopted and investigated by the court below. According to the evidence duly adopted and examined by the court below, it is sufficient that the defendant received 0.21g of philopon, as stated in paragraph (1) of this case in paragraph (2) of this case, and if the defendant divided the same fact into three times as the charges in this case, it can not be collected separately.

Nevertheless, the judgment of the court below is erroneous in ordering the collection of additional charges because the defendant included the value of philophones administered as above. Thus, the part of the judgment below concerning the collection of additional charges cannot be maintained as it is.

3) The receipt of the instant charge No. 1: 300,000 won (=10,000 won (the market price for a single medication x 3 times) x the purchase of the instant charge No. 3: 400,000 won (=10,000 won (the market price for a single medication x 4,000 won) x 70,000 won in total) of the amount of the additional charge.

B. The offense related to narcotics, etc., which judged the Defendant’s unfair argument on sentencing, may harm the public health or cause another crime.