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(영문) 대법원 2019.07.10 2019도6112

마약류관리에관한법률위반(향정)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the charge of violation of the Act on the Control of Narcotics, Etc. from Sale and Purchase of Meteama, on the ground that there is no proof of a crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

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