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(영문) 대법원 2021.01.28 2020도16978

마약류관리에관한법률위반(향정)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged (excluding non-criminal part).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the legality of the seizure procedure and the admissibility of seized articles

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that punishment is too unreasonable is not a legitimate ground for final appeal.

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