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(영문) 대법원 2014.03.27 2014도1438

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violation of the Narcotics Control Act due to the purchase of philopon among the facts charged in the instant case, and there is no violation of the law of logic and experience and free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the court below erred by misapprehending the legal principles on the method of sentencing review and sentencing determination by infringing on the essential contents of the principle of balance of crime and the principle of responsibility in sentencing with the defendant is ultimately an allegation of unfair sentencing. However, 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 is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence was imposed against the defendant, the argument that the judgment of the court below, including

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