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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Seized No. 1.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (Defendant A: imprisonment of two years, confiscation, additional collection of KRW 2,406,00, Defendant B: imprisonment of one year, confiscation, additional collection of KRW 100,00) is too unreasonable.
The judgment below
ex officio determination on the part against Defendant A
A. Confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc. is not aimed at depriving a person of benefits from a criminal act, but rather a disposition of a punitive nature, so there was no benefit from the criminal act.
Even if the court orders the collection of the equivalent value, and if there are many persons who have committed the crime with respect to the scope of the collection, the court shall order each person to collect the equivalent value of the equivalent value of the narcotics within the scope he handled (see, e.g., Supreme Court Decisions 92Do3250, Mar. 23, 1993; 2001Do5158, Dec. 28, 2001). However, with respect to the scope of the collection, if the defendant orders the collection of the equivalent value of the narcotics within the scope he handled based on the defendant, it constitutes separate crimes, the defendant's series of acts handling the same narcotics constitutes separate crimes, and the equivalent value of each act is not required to be collected separately (see, e.g., Supreme Court Decisions 96Do397, Mar. 14, 1997; 200Do546, Sept. 8, 200).
(See Supreme Court Decision 2009Do2819 Decided June 11, 2009, and Supreme Court Decision 2018Do15905 Decided December 27, 2018, etc.). In light of the aforementioned legal principles, according to the evidence duly adopted and examined by the lower court, Defendant A delivers KRW 2.4 million to “D” on March 2020 and purchases KRW 19.82g of philopon, and among them, 0.2g is administered by 0.1g on two occasions, respectively, and 0.1g is respectively.