All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

No. 1 of seized evidence: 1. All 1.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, forfeiture No. 1, forfeiture of 600,000 won, additional collection of 60,000 won: imprisonment with prison labor for 6 months and 100,000 won) of the lower court is too unreasonable.

2. Ex officio determination

A. Before determining the grounds for appeal, prior to the judgment on the grounds for appeal, the defendant filed an appeal against all the judgment of the court below, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained

B. Meanwhile, if the seized article does not exist at the time the judgment is pronounced, or the seized article has already been destroyed pursuant to Articles 130(2) and (3) and 219 of the Criminal Procedure Act, the court cannot pronounce the confiscation of the article.

(see, e.g., Supreme Court Decision 2012Do4182, Jun. 14, 2012). If, in a collection under the Narcotics Control Act, all or part of the narcotics, etc. were confiscated from the owner or the last holder thereof, the same as the confiscated narcotics were confiscated in relation to other handlers, and thus, the value of the confiscated narcotics cannot be collected from other handlers.

(See Supreme Court Decision 2009Do2819 Decided June 11, 2009, etc.). In light of the aforementioned legal principles, the court below held that the Defendant purchased 1.24g 60,000 g of psychotropic drugs, as a psychotropic drug, for a dose of 0.05 g and seized the remainder of 1.19 g, after the Defendant administered 0.05 g., the Defendant confiscated 1.19 g of philophones seized by applying Article 67 of the Narcotics Control Act, and collected 60,000 won for purchase of 1.24 g of philophones.

However, according to the records, the seized philophone 1.19g is found to have been discarded after the appraisal at the investigation stage.