The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

First, among the facts charged in the instant case, the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of philopon on July 21, 2014, was previous records in the lower judgment, and thus, the lower court neglected this.

In addition, confiscation or collection under Article 67 of the Narcotics Control Act is not aimed at deprivation of benefits from criminal acts, but rather is a disposition of a punitive nature, so there is no benefit from such crime.

Even if the court orders the collection of the equivalent value, the court shall order the collection of the equivalent value: Provided, That with respect to the scope of the collection of the equivalent value, it does not require that the series of actions by the defendant who handles the same narcotics constitutes separate offenses (see, e.g., Supreme Court Decision 2000Do546, Sept. 8, 200) and that the equivalent value should be collected separately from each act by the defendant (see, e.g., Supreme Court Decision 2000Do546, Sept. 8, 200). Since the defendant purchased 30,000 won from E on July 21, 204, 300 won of the purchase price may be collected from the defendant, but the court below did not separately collect 80,000 won of the administered portion.

Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

Since the main text of the judgment of the court below is the same as the corresponding column of the judgment below, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;