마약류관리에관한법률위반(향정)등
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of written reasons for appeal filed after the deadline for submitting a written grounds for appeal).
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have determined that all of the facts charged in the instant case is guilty on the grounds indicated in its reasoning.
In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules without exhaust all necessary deliberations as alleged in the grounds of appeal, or by exceeding the bounds of free evaluation of evidence, or by violating due process of law and the exclusion of illegally obtained evidence.
In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.
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, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.