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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, and for a defendant C.
Reasons
1. Summary of grounds for appeal;
A. As to the calculation of a mistake of facts as to the collection of a surcharge against Defendant A (Defendant A), since 6.36g of the 10g of the campics (one-name “camphone”; hereinafter “campics”) that Defendant A purchased partially, a surcharge should be imposed only on the remaining 3.64g of the remaining 3.64g, the lower court erred by calculating the surcharge for the 6.36g of the camphone.
B. Each sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of two years, confiscation, confiscation, 3,962,40 won, Defendant B’s imprisonment of three years, short-term two years, confiscation, 4,500 won, and Defendant C’s imprisonment of one year, 60,000 won) are too unreasonable.
2. Determination
A. As Defendant B’s ex officio judgment on Defendant B was F and was a juvenile as provided in Article 2 of the Juvenile Act at the time of the judgment of the court below, but it became an adult at the time of the trial, the judgment of the court below that sentenced Defendant B to a non-guilty sentence pursuant to the Juvenile Act was no longer maintained.
B. Since the Act on the Management of Narcotics, Etc. under the Act on the Determination of misunderstanding of Facts as to the Claims for Additional Collection by Defendant A is a disposition with the punitive nature, it shall be ordered not only to the owner or the final holder of the narcotics but also to the person who handles the same narcotics, etc. within the scope of the handling. However, if the whole or part of the narcotics, etc. were confiscated from the owner or the final holder, it is the same as the forfeiture of the narcotics, etc. in relation to other handlers.
(See Supreme Court Decision 2009Do2819 Decided June 11, 2009, etc.). According to the evidence duly admitted and examined by the court below, Defendant A purchased ten grams from Defendant B on April 9, 2020 in KRW 3,400,00, and was arrested on April 11, 2020 while carrying 6.36 grams.