The judgment below

We reverse the part concerning collection among the penalty surcharges.

Defendant

A 520,000 won from A and 2960,000 from Defendant B.

1. Summary of grounds for appeal;

A. In a case where part of the camampis (hereinafter “campis”) purchased or provided by the Defendants are re-issued or administered, the value of campis related to the purchase or provision should not be additionally collected in addition to the campis value related to the act of providing or administering part of the campis.

Nevertheless, the judgment of the court below ordering additional collection on the part related to the act of provision and medication is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentencing (Defendant A: imprisonment of one year, additional collection of KRW 5.68 million, Defendant B’s imprisonment of eight months, additional collection of KRW 3.260,00) is too unreasonable.

2. Determination

A. (1) Determination on the portion of collection (1) The collection under the Act on the Control of Narcotics, Etc. does not aim at depriving the benefit of a criminal act, but rather at a disposal of the punitive nature, it is sufficient to issue an order to collect the total amount of drug values within the scope dealt with by the defendant based on his/her basis. As such, a series of acts by the defendant who handled the same drug constitutes a separate crime, and thus, it does not require separate collection for each act.

(2) In full view of the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts and misapprehension of legal principles, Defendant A administered part of the philopon purchased from E on February 3, 2015, respectively on February 3, 2014; and on February 5, 2014; (3) provided Defendant B with 0.2 grams on February 4, 2014; and (4) partially provided with a philopon to Defendant B with a philopon purchased from Defendant A on February 14, 2014; and (4) partially provided with a philopon to Defendant B on February 4, 2014; and (2) Defendant B with a philopon purchased from Defendant A on January 14, 2014 on the first day.