마약류관리에관한법률위반(향정)
All appeals are dismissed.
The grounds of appeal are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less
Defendant
In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged on the grounds stated in its reasoning.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on emergency arrest and illegally collected evidence.
The argument that the lower court erred by misapprehending the legal principles in determining sentencing constitutes an allegation of unfair sentencing.
However, as seen earlier, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.
Defendant
In this case where a minor sentence is imposed against B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
3. As to the grounds of appeal by Defendant D, the allegation that the lower court erred by misapprehending the legal principles as to mitigation of self-denunciation constitutes the allegation of unfair sentencing.
However, as seen earlier, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.
Defendant
In this case where a minor sentence is imposed against D, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.