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(영문) 대법원 2013.06.13 2013도3978

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and the evidence duly admitted, the court below determined that the court below convicted the Defendant of the violation of the Act on the Control of Narcotics, Etc. (fence) due to the sale of Mesambacule, among the facts charged in the instant case on the grounds as stated in its reasoning, and that the collection of 809,600 won from the Defendant is justifiable, and contrary to what is alleged in the grounds of appeal, there was no

In addition, in light of the records, the court below cannot be deemed to have any unlawful ground as alleged in the ground of appeal, as alleged in the ground of appeal, to the effect that the court below permitted the modification of the Act on the Control of Narcotics, etc. (e.g., the violation of the Act on the Control of Narcotics, etc.) due to the purchase of Mes

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of the punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.