beta
(영문) 대법원 2020.09.18 2020도10411

마약류관리에관한법률위반(향정)등

Text

The appeal is dismissed.

The relevant provision of the judgment of the court below concerning criminal facts in the application of statutes shall be deemed to be "narcotics."

Reasons

We examine the grounds of appeal.

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 against the defendant, the argument that the sentence is too unreasonable or that the sentence is delayed so that the sentence period can be completed in the state of pre-trial detention cannot be a legitimate ground for appeal.

Meanwhile, according to the records, the court below's entry of corresponding provisions on criminal facts in the application column of the law, and rejected the ground of appeal that the court below erred by misapprehending the legal principles in the judgment below as to "the entry of "Article 60 (1) 2 and Article 4 (1) 2 of the Narcotics Control Act" in Articles 60 (1) 2 and 4 (1) 1 of the Act on the Control of Narcotics, Etc. is obvious that it is a clerical error, and thus, it ex officio is decided to correct it pursuant to Article 25 (1) of the

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.

September 18, 2020