The judgment below

The penalty collection portion shall be reversed.

2.6 million won shall be additionally collected from the defendant.

The remainder of the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (an imprisonment with prison labor for a year, additional collection of KRW 4.5 million) is too unreasonable.

2. Ex officio determination

A. The scope of additional collection under the Act on the Control of Narcotics, Etc. does not require separate collection for each act of the defendant who handles the same drug within the scope he/she handles, on the basis of the defendant (Supreme Court Decision 2000Do546 Decided September 8, 200). However, in cases where the defendant who handles narcotics gets profits from an additional crime using the narcotics, the above amount of additional collection shall be as well as for the value of the narcotics, etc. or for the fund for the crime (see Seoul High Court Decision 2010No3608 Decided March 17, 201). Therefore, if the defendant purchased narcotics, he/she should issue an order for additional collection of the total amount of the pharmaceutical value within the scope of his/her handled, and if he/she did not make profits from the sale, it is difficult to deem that he/she should additionally collect the amount of additional collection for each act, excluding the value of the narcotics, etc. purchased at least 107 g of the total amount he/she purchased, excluding the profits from the initial high court judgment.

(c)

However, the defendant spent 100,000 won to purchase 2g of philophones on November 27, 2016, so the value of the 1g philophones thereby is 50,000 won, and the defendant is 1g among them.