The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 2 or 3 shall be confiscated, respectively.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary 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.

Article 67 of the Act on the Control of Narcotics, Etc. shall be confiscated on narcotics, temporary narcotics, facilities, equipment, funds, or means of transport provided for any crime prescribed in this Act, and proceeds therefrom: Provided, That where it is impossible to confiscate them, the equivalent value thereof shall be collected.

Since "the narcotics are already confiscated and confiscated", if any, their value shall not be additionally collected.

Therefore, the court below held that since the defendant confiscated Nos. 2 and 3 (A. 17) as part of the 50 definition of the defendant's 50 definition, but the actual transaction of No. 50 must be collected as a sum of KRW 3,00,000, which is a considerable amount without deducting it, the court below erred by misapprehending the legal principles on additional collection, which affected the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime, and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (which must be received, possessed, and administered) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 1,980,000 won x 33 others x 60,000 won);

1. The Criminal Procedure Act of the Provisional Payment Order.