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(영문) 대법원 2019.10.31 2019도11949

마약류관리에관한법률위반(향정)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of violation of the Act on the Control of Narcotics, etc. due to the Mecopon medication, among the facts charged in the instant case, of the violation of the Act on the Control of Narcotics, etc. due to the flow of Mecopon (hereinafter “Mecopon”), and the violation of the Act on the Control of Narcotics, etc. due to the Mecopon medication, among the police officers on July 2018, 2018, the police officers on August 2018, and the police officers on September 2018.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on “ particularly reliable state” as prescribed by Article 312(1) of the Criminal Procedure Act.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable 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.