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(영문) 대법원 2013.08.22 2013도7252

마약류관리에관한법률위반(향정)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the first instance judgment convicting the Defendant on the ground that there was no proof of the relevant crime regarding the violation of the Narcotics Control Act on June 21, 2011 among the facts charged in the instant case, 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 failing to exhaust all necessary

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s ground of appeal, the lower court is justifiable to have found the Defendant guilty of violation of the Act on the Control of Narcotics, Etc. as of July 10, 201 among the facts charged in the instant case, on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

Meanwhile, 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 punishment is unreasonable

In addition, it does not constitute a legitimate ground of appeal as stipulated in Article 383 of the Criminal Procedure Act to the effect that a judgment is to be pronounced after the last order of October 2013.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.