beta
(영문) 대법원 2016.03.24 2016도613

마약류관리에관한법률위반(향정)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have determined that the lower court convicted all of the facts charged in the instant case of interference with the performance of official duties, injury, and violation of the Narcotics Control Act.

Contrary to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced. Thus, the argument that the amount of punishment is unfair is not legitimate in the instant case where a more minor sentence is imposed against the Defendant.

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.