The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court determined all of the facts charged of this case guilty and upheld the first instance judgment ordering the Defendant to collect a penalty of KRW 8.2 million.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the calculation of the “trade” and the amount additionally collected pursuant to Article 60(1)2 of the Narcotics Control Act.

In addition, the argument that the judgment of the court below contains an error of mistake of facts on the basis of sentencing is ultimately an unreasonable sentencing argument.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.