마약류관리에관한법률위반(향정)
The appeal is dismissed.
The grounds of appeal are examined.
According to the records, the Defendant asserted a mistake of facts as to the administration of phiphones among the facts charged in the instant case, and notwithstanding the absence of the Defendant’s withdrawal of the above mistake of facts on the trial date of the lower court, the lower court determined that the Defendant’s grounds for appeal are
The defendant asserts the same purport as the grounds for appeal, which includes the argument that the court below omitted the judgment on the above grounds for appeal.
However, according to the evidence adopted by the court of first instance maintained by the court below, since it can sufficiently recognize the fact of the philophone medication among the facts charged in the instant case, the error of omission in the above judgment does not affect the judgment.
Ultimately, this part of the grounds of appeal cannot be accepted.
Meanwhile, the argument that the court below’s failure to take into account the conditions of sentencing and the sentence of accomplice C as stipulated in Article 51 of the Criminal Act, including the family situation of the defendant in determining the punishment is ultimately attributable to the assertion of unfair sentencing.
However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been sentenced by the original court. Thus, an appeal to the Supreme Court is not allowed on the ground that the amount of punishment is unreasonable.
In addition, according to the records, the defendant stated in the notice of the grounds of appeal that "the court below erred by violating the Constitution, laws, orders, and rules, or by misapprehending the legal principles, which affected the conclusion of the judgment," and did not state specific reasons, it cannot be deemed a legitimate ground of appeal.
In addition, the Defendant in the grounds of appeal.