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(영문) 대법원 2018.01.24 2017도15914

마약류관리에관한법률위반(향정)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The legal principle of punishment requires that crimes and penalties be provided for by law in order to protect the freedom and rights of individuals from the arbitrary exercise of the state's penal authority.

In light of such purport, the interpretation of penal laws and regulations shall be strict, and it is not permissible to interpret the meaning of penal laws and regulations excessively or analogically to the disadvantage of the defendant (see, e.g., Supreme Court Decisions 2011Do725, Aug. 25, 201; 2012Do4230, Nov. 28, 201). The Constitutional Court, as amended by Act No. 7891, Mar. 24, 2006; 206Da1665, Dec. 30, 2014; 30Hun-Ga4, supra, Article 16(1) of the former Punishment of Violence Act (amended by Act No. 12896, Dec. 16, 201); 4, Article 260(1) of the same Act (amended by Act No. 12896, Mar. 16, 2014) provides that “The punishment of an act of violence, etc. is unconstitutional.

Accordingly, violent crimes in criminal law are committed.