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(영문) 대법원 2013.04.26 2013도3134

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

The judgment below

The application of the statute is 1. The former Act on the Control of Narcotics, Etc. (Act No. 1076, Jun. 7, 2011).

Reasons

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

In addition, under 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 not less 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 sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench that there is a clear clerical error in the application of the law.