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(영문) 대법원 2015.12.24 2015도16739

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in finding the defendant guilty of violation of the Act on the Control of Narcotics, Etc. from Sale of Mepta, among the facts charged in the instant case on the grounds as stated in its reasoning, and there is no error of law of violation of logical and empirical rules and free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to 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 more 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 amount of punishment is unreasonable

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