beta
(영문) 대법원 2013.09.12 2013도5147

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court reversed the first instance judgment convicting the facts charged of this case and sentenced the Defendant not guilty on the grounds that there was no proof of the facts charged.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine of the trial-oriented principle and the principle of direct examination, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as alleged in the grounds of appeal

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