beta
(영문) 대법원 2016.08.25 2016도9082

마약류관리에관한법률위반(향정)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted and examined by the lower court, the lower court’s determination that the Defendant was guilty of violating the Act on the Control of Narcotics, Etc. from Handphone medication among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, contrary

2. On the grounds of the prosecutor’s appeal, the court below reversed the judgment of the first instance court which convicted the prosecutor on the ground that the violation of the Act on the Control of Narcotics, Etc. by arranging the Sale of Handphones among the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a verdict of not guilty.

The judgment below

In light of the records, the above judgment of 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.