The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, since the nationwide average price of 0.1g philophonephones is KRW 340,000, a total of KRW 1,360,000 ( =340,000 x 0.4g) should be collected from the Defendant, the lower court erred by misapprehending the legal principles.

B. In light of the fact that the Defendant, at least 10 times prior to the instant crime, visited China at the time of arrest, was suspected that he was engaged in specialized trading of flatphones, such as holding a studio to contain electronic depression and philophones at the time of arrest, and failing to properly disclose the developments leading to the acquisition of philophones, etc., and that narcotics crimes are very serious criminals that can expand the damage to society as a whole, the sentence (three years during the suspension of the execution of one year imprisonment) imposed by the lower court is too uneasible.

2. Determination

A. The value of narcotics to be collected additionally pursuant to the proviso to Article 67 of the Narcotics Control Act as to the assertion of misunderstanding of the legal doctrine refers to the ordinary trading value in the market, and its calculation shall be based on the price at the time of the pronouncement of the judgment (see, e.g., Supreme Court Decisions 83Do1927, Sept. 13, 1983; 91Do352, May 28, 1991); whether they are subject to confiscation, additional collection, or whether they are subject to strict certification does not require strict certification (see, e.g., Supreme Court Decision 2010Do8764, Oct. 28, 2010). According to the evidence presented by the prosecutor, the market price of narcotics x 124g x 10.4g x 07 g g x 100 g g g gram 2007 m x 10. 20g g g x 10. g g g g g m x m m .