The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

3.2

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and 300,000 won of collection) is too unreasonable.

In particular, the Defendant administered two-minutes of Mesophacopon (hereinafter “philoopon”), and collected 300,000 won from the Defendant, even though the price for one-time phiopon is KRW 20,000,000,000,000,000 won.

2. Determination

A. 1) The confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc. is not aimed at depriving of the benefits from a criminal act, but rather is a disposition of punitive nature. Thus, even if no gains have been acquired due to a criminal act, the court shall order an additional collection of the value. If there are several persons who committed the crime with respect to the scope of additional collection, the court shall order the additional collection of the value to each person within the scope he handled (see, e.g., Supreme Court Decision 2000Do546, Sept. 8, 200). In addition, where psychotropic drugs are sold to another person, the price, etc. received as a consideration for the sale shall be confiscated as a proceeds from the criminal act stipulated in Article 67 of the same Act, and if confiscation is impossible, it shall be collected additionally (see, e.g., Supreme Court Decision 98Do508, May 12, 198). Accordingly, order on the basis of the sale price shall not be determined as a sale price of narcotics where a defendant gains from the sale.