The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seoul Central District Prosecutors' Office 2014Mo64.

1. The sentencing of the lower court (one year of imprisonment, confiscation and additional collection KRW 10,924,00) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Confiscation or additional collection under Article 67 of the Narcotics Control Act is not aimed at deprivation of the benefits from a criminal act, but rather a disposition of a punitive nature, so there is no benefit from such crime.

Even if the value is to be collected, the scope of the additional collection is that the full amount of psychotropic drugs is to be collected within the scope dealt with by the defendant on the basis of the defendant, and the defendant's series of acts dealing with the same drug constitutes separate crimes, and it is not to be collected separately for each act.

(See Supreme Court Decision 201Do15127 Decided January 26, 2012). The lower court found the Defendant guilty of both giving and receiving of phiphones without compensation and administering the said criminal act in the case 2014Da6589 Decided January 26, 201, and collected 10,924,000 won in total from the Defendant pursuant to the proviso to Article 67 of the Narcotics Control Act.

However, according to the records, the Defendant received 0.1g opon from the Z on November 20, 2013, and received free delivery of 0.1g opon from the Z on November 20, 2013. On November 21, 2013, he/she recognized the fact that he/she administered oponon free of charge with AE.

(92 pages) Therefore, the court below erred by misapprehending the legal principles on confiscation and collection under Article 67 of the Narcotics Control Act and thereby affecting the conclusion of the judgment, and thus, it cannot be reversed.

3. The judgment of the court below is without examining the defendant's assertion of unfair sentencing on the grounds of the above ex officio reversal.