Despite Acquittal, Appeal Court Did Not Reduce 'Chujinggeum'... Supreme Court Rules "Wrong Judgment"

The Supreme Court has ruled that it was an incorrect judgment to impose a fine for confiscation on charges that were acquitted, even though the appellate court reduced the sentence compared to the first trial.

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The Supreme Court's 3rd Division (Presiding Justice No Jeong-hee) overturned the original ruling that ordered Choi, who was indicted on charges including violation of the Narcotics Control Act (psychotropic substances and marijuana), to pay a confiscation fine of 27 million won, and sent the case back to the Seoul Central District Court on the 20th.

Choi was prosecuted in 2020 for charges including methamphetamine trafficking, sale, use, possession of methamphetamine and marijuana, and special assault.

The first trial recognized all charges as guilty, sentencing him to 7 years in prison and ordering a confiscation fine of 27 million won. The second trial also found most of Choi's charges guilty but acquitted him of the charge of purchasing methamphetamine worth 5.5 million won in November 2018, reducing the sentence to 6 years and 6 months.

The problem arose when the appellate court maintained the confiscation fine of 27 million won, as in the first trial, without excluding the methamphetamine purchase charge that it had acquitted.

The Supreme Court pointed out that the second trial ordered confiscation including the amount for the methamphetamine purchase, which was not recognized as a criminal fact. The court stated, "There was an error in the legal reasoning regarding confiscation, and the necessary examination was not fully conducted, which affected the judgment," adding, "Confiscation is only possible when seizure is not possible, so the seized portion must be reflected in the calculation of the confiscation fine."

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