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The judgment below
The part concerning confiscation shall be reversed.
0.017g Evidence 4 of 0.0.00.0.000.0000000.
Reasons
1. The summary of the grounds for appeal (in both cases of unfair sentencing) by the lower court (one year of imprisonment, confiscation, and collection) is too weak or unreasonable.
2. Ex officio determination on the part concerning confiscation
A. Article 48(1)1 of the Criminal Act provides that "the articles that have been, or intended to be, provided for an act of crime" as objects that may be confiscated. Here, "the articles that have been, or intended to be provided for an act of crime" refers to articles that have been prepared to be used for the act of crime but have not been actually used. In light of the fact that confiscation under the Criminal Act is sentenced in addition to other punishment in addition to the other punishment in conviction against the defendant who is under a criminal trial, it should be recognized that certain articles are "the articles that are intended to be provided for an
(See Supreme Court Decision 2007Do10034 Decided February 14, 2008 (see, e.g., Supreme Court Decision 2007Do10034, Feb. 14, 2008). In addition, in cases where seized articles are not existing at the time of rendering a judgment or seized articles have already been destroyed pursuant to Articles 130(2) and (3) and 2
(see, e.g., Supreme Court Decision 2012Do4182, Jun. 14, 2012). (B)
Of the seized articles of this case, the lower court sentenced confiscation of 26 for disposable injections (No. 1), 0.02g for philophones (No. 4), and 1 for megatos (No. 5).
However, in light of the fact that 26 disposable injections were not detected as a result of the analysis of narcotics ingredients conducted by the National Institute of Scientific Investigation (the investigation record 338 pages), it is difficult to view that 26 disposable injections only fall under the equipment, etc. provided for the crime provided by the above Act under the main sentence of Article 67 of the Narcotics Control Act, or that they were provided or intended to be provided for the crime of this case under Article 48(1)1 of the Criminal Act.