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The judgment below
The penalty collection portion shall be reversed.
60,000 won shall be additionally collected from the defendant.
The judgment below
(2).
Reasons
Summary of Grounds for Appeal
The punishment of the lower court (one year of imprisonment, confiscation, and collection) shall be too unreasonable.
Since additional collection under the Act on the Control of Narcotics, Etc. is a disposition with a punitive nature, it is an order for full collection of the value within the scope of handling the same person as well as the owner or the last holder of the narcotics, but if the whole or part of the narcotics were confiscated from the owner or the last holder of the narcotics, it is the same as the forfeiture in substance in relation to other persons, and thus, the part of the value of the confiscated narcotics cannot be collected.
(See Supreme Court Decision 2009Do2819 Decided June 11, 2009, etc.). According to the evidence duly admitted and investigated by the court below, the defendant delivered Mebatopian (hereinafter “Handphone”) approximately 0.05 g of E, as stated in paragraph (1) of the facts constituting the crime in the judgment below, and E was seized from approximately 0.05 g of the above part of 0.05 g of the above penphone, and the above part of 0.02 g of the seized penphone was recognized to have been consumed as appraisal (Evidence No. 40,57,71 of the evidence record). The evidence record is written as 0.01 g of the above part of Rophone0.02 g of the evidence record, but it appears to have been consumed as 0.01 g of the remaining part of the appraisal "0.2 g of the 40 phiphonephone."
In light of the relevant legal principles as seen earlier, according to the foregoing recognition facts, the above philophone 0.02g, which was seized from E and consumed as an appraisal, is the same as the confiscation of the above philophone 0.02g in relation to the defendant. Thus, its value cannot be collected. Nevertheless, the court below erred in calculating the collection amount for the defendant, including the above philophone 0.02g value.
In conclusion, the relevant legal principles as seen earlier are followed.