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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. Prosecutor 1) Article 67 of the Act on the Control of Narcotics, Etc. does not intend to confiscate or collect the price for purchasing narcotics, etc. provided for a criminal act by an actor, but intends to confiscate or collect the price for the narcotics, etc. provided for a criminal act. Thus, the lower court, notwithstanding the judgment prior to the judgment of the lower court, did not err by misapprehending the legal doctrine that the Defendant should collect from the Defendant the equivalent of the price for the Mestopian administration administered in the instant criminal act, and did not additionally collect from the Defendant the equivalent of the price for the Mestopian administration. 2) The lower court’s above sentence of unfair
2. Determination
A. As such, confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc. (hereinafter “Act”) does not aim at deprivation of benefits from criminal conduct, but rather is a disposition of a punitive nature, there is 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, e.g., Supreme Court Decisions 96Do397, Mar. 14, 1997; 201Do15127, Jan. 26, 2012). Review of the record reveals that the Defendant’s provision of medication of this case is 0.0.