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(영문) 서울남부지방법원 2017.03.31 2016노264
마약류관리에관한법률위반(향정)
Text

The judgment below

The penalty collection portion shall be reversed.

3,908,00 won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) is erroneous in the misapprehension of legal principles as to additional collection by ordering additional collection of KRW 300,000,000 from KRW 1.4g of the above 10g of the 10g of the 10g of the 10g of the 10g of the 10g of the 10g of the 10g of the 10,000 of the 10g of the 10g of the 10,000 of the 10g of the 10,000 and the 1.5 million of the 1.5 billion of the 10g of the 10g of the 10,000 of the 19

A. Confiscation or collection under Article 67 of the Narcotics Control Act is not aimed at deprivation of benefits from a criminal act, but rather is a punitive disposition. Thus, even if there was no benefit from the criminal act, the court shall issue an order of additional collection of the value (see, e.g., Supreme Court Decisions 92Do3250, Mar. 23, 1993; 200Do546, Sept. 8, 200). In the case of selling another person with a native mental medicine medicine, the price, etc. received from the criminal act stipulated in Article 67 of the same Act for the sale must be confiscated as necessary, and if confiscation is impossible, the value thereof shall be collected (see, e.g., Supreme Court Decision 98Do508, May 12, 1998; 2.00,000,000 won from the defendant's 30g,000,000 won among the EM and 300,000 won.

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