For the reasons indicated in its holding, the lower court found the Defendant guilty of violating the Act on the Control of Narcotics, Etc. due to the sale, receipt, and intermediation of sale and purchase of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing constitutes an argument of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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