beta
(영문) 대법원 2017.04.13 2017도1685

마약류관리에관한법률위반(향정)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that the Defendant was guilty of the modified facts charged (excluding the portion of the crime without fault) 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 the principle

2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on November 8, 2014, on the ground that there was no proof of a crime, among the modified facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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