The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

3.2

Summary of Grounds for Appeal

Defendant

The defendant has not purchased a philophone from D.

The punishment (one year of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.

The prosecutor(s) judgment of the court below is erroneous in omitting the necessary collection declaration of KRW 100,000 from the purchase price of phiphones.

Judgment

As to the defendant's assertion of mistake of facts, the court below also rejected the defendant's assertion of mistake by clarifying the reason in detail.

The judgment below

Examining the reasoning of this part of the judgment below in comparison with the evidence examined by the court below, the judgment of the court below is just and there is no error of law by misunderstanding facts and affecting the conclusion

Article 67 of the Act on the Control of Narcotics, Etc. provides that "the narcotics, temporary narcotics, and facilities, equipment, funds, or means of transportation provided for any crime prescribed in this Act and profits therefrom shall be confiscated: Provided, That where such confiscation is impossible, the equivalent value thereof shall be collected." Thus, the court that meets the requirements shall issue an additional collection.

According to the evidence duly admitted and examined by the court below, the defendant is required to collect money equivalent to the above purchase price from the defendant as long as he/she recognizes that he/she purchased 10,000 phiphones and cannot confiscate phiphones so long as he/she purchased phiphones.

Nevertheless, the court below erred by omitting this and affecting the conclusion of the judgment.

Thus, the prosecutor's appeal is reasonable. Thus, in a case where the court below reverses the whole judgment of the court below under Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and reverses it on the ground that the court below did not sentence confiscation or collection, the court below cannot reverse only the part of the court below's decision on the grounds that it did