beta
(영문) 대법원 2014.09.04 2014도8373

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below and the court of first instance maintained by the court below in light of the evidence duly admitted, the court below is just in finding the defendant guilty of violation of the Act on the Control of Narcotics, etc. from Narcotics, Etc. by Mtampamins, among the facts charged in this case on the grounds as stated in its reasoning, and there is no error of law by failing to exhaust all necessary deliberations and by failing to err in the misapprehension of the bounds of the principle of free evaluation of evidence,

In addition, 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 sentencing of

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