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The judgment below
We reverse the part concerning collection among the penalty surcharges.
1,327,500 won shall be additionally collected from the defendant.
3.2
Reasons
1. The summary of the reasons for appeal (one year and six months of imprisonment, additional collection KRW 2,200,00) of the lower court is unreasonable because the sentence of principal punishment and the amount of additional collection are too unreasonable.
2. Determination
A. The Act on the Control of Narcotics, Etc. to Judgment on the Collection of Narcotics, Etc., is a disposition with punitive nature, and thus, an order for full collection of the equivalent value to not only the owner or the last holder of the narcotics but also the persons who have handled the same narcotics, etc., within the scope of handling the narcotics. However, if the whole or part of the narcotics, etc. were confiscated from the owner or the last holder, it is the same as the forfeiture of the narcotics in relation to other persons
(See Supreme Court Decision 2009Do2819 Decided June 11, 2009). According to the evidence duly adopted and examined by the court below, as stated in paragraph (1) of the criminal facts in the judgment of the court below on October 27, 2019, the defendant mediated the defendant to purchase 8 g of philopon from E from 2,00,000, as stated in paragraph (1) of the criminal facts in the judgment of the court below, and the defendant used 0.02 g of philopon as stated in paragraph (2) of the criminal facts in the judgment of the court below on May 12, 2020, and administered 0.05 g of philopon as stated in paragraph (3) of the criminal facts in the judgment of the court below, the fact that D carried a philopon purchased at the defendant's request and seized 3.49 g of philopon from 3.39 g.
Therefore, the Defendant stated that the amount to be collected from the Defendant includes KRW 1,127,500 = 2,00,000,000, as stated in the facts constituting the crime of the lower judgment, which includes KRW 2,100,000,000, which is one of the 2,000,000 won, to E. As long as the Defendant delivered KRW 2,00,000 in return for the 8g of the phiphone, regardless of who is the person liable for the said money.