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The judgment below
The penalty collection portion shall be reversed.
4,031,00 won shall be additionally collected from the defendant.
The above additional collection charge.
Reasons
Summary of Grounds for Appeal
A. Defendant 1) On December 4, 2018, the fact that the Defendant delivered a penphone to M with respect to the sale of a penphone on December 4, 2018 is not a fact but a sale after receiving 150,000, but a free delivery is given and received. Therefore, the lower court that determined that the Defendant sold a penphone to M is erroneous in the misunderstanding of facts.
B) Around February 8, 2019, the Defendant purchased a phiphone on or around February 8, 2019, or purchased 10 phiphones from B to purchase 10 g of phiphones with B’s request, and does not purchase 20 g of phiphones in collusion with B. Therefore, the lower court, which found the Defendant guilty of this part of the facts charged, erred by mistake of facts in the judgment below, which found the Defendant guilty of this part of the facts charged, and did not deal with N and phiphones with this part of the facts charged, on February 2, 2019, since there was no fact or there was no transaction of phiphones. Therefore, the lower court erred by misapprehending the fact that the Defendant was guilty as to this part of the facts charged, which affected the conclusion of the judgment.
2) According to the evidence of this case, such as erroneous determination of facts (as to the sale of philophones around June 2018), P and N’s statement, etc., the lower court found that the Defendant had sold philophones to N as stated in this part of the facts charged, but determined that the Defendant was not guilty of this part of the facts charged.
2. The sentence of the lower court on the Defendant of unreasonable sentencing is too uneasible and unreasonable.
Judgment ex officio on the collection of penalty
A. Since additional collection under the Act on the Control of Narcotics, Etc. is a disposition with punitive nature, it shall be ordered not only to their owners or final holders but also to those who handle the same narcotics, etc. within the scope of their handling.