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(영문) 대법원 2016.04.12 2016도2529

마약류관리에관한법률위반(향정)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have maintained the first instance judgment that found the Defendant guilty of both violation of the Act on the Sale of Handphones and the Control of Narcotics, Etc. from Handphones (fences) among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error in the misapprehension of legal principles as to the investigation of naval vessels.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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