In the event that there is no declaration of collection for a producer of paper mulberry who has been punished for separate cases, the register of collection for other co-offenders;

No error may be made only on the ground that there was no declaration of additional collection for a manufacturer (official) who was punished for a case by additional collection from the defendant for the value of would have been provided for the crime.

Article 48 of the Criminal Act, Article 47 of the Psychotropic Drugs Control Act

Defendant

Defendant

Attorney Dog-gu

Daegu High Court Decision 83No391 delivered on June 10, 1983

The appeal is dismissed.

The twenty days of detention days prior to the rendering of judgment shall be included in the original sentence.

The defendant and public defender's grounds of appeal are also examined.

In light of the records, there is no circumstance to suspect that the confessions of the defendant stated in the suspect examination protocol against the defendant prepared by the public prosecutor are false statements by adviser and coercion, so the court below's measure adopted as evidence of guilt is just, and according to the statement of the first instance court's judgment, including this, it can be sufficiently recognized, so there is no ground to appeal that the court below erred in the preparation of evidence and the fact-finding.

In addition, there is no error of law in the measures of collecting the value of the paper mulberry provided by the defendant from the defendant (it cannot be deemed that the collection of the value of the defendant was wrong only on the ground that the manufacturer was not sentenced to collection on a separate case). In this case where a sentence of imprisonment for less than 10 years was sentenced, an unfair sentencing cannot be considered as the ground for appeal. Therefore, there is no ground for appeal on this issue.

Ultimately, the appeal is without merit, and it is dismissed by the assent of all participating judges, and a part of the number of detention days before the judgment is included in the original sentence. It is so decided as per Disposition.

Justices Yoon Il-young (Presiding Justice)