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(영문) 대법원 2014.03.13 2014도939

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Act on the Control of Narcotics, etc. due to the sale of each of the facts charged in this case, and contrary to what is alleged in the ground of appeal, the court below did not err by violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence

In addition, the argument that the lower court’s sentencing infringes on the essential contents of the principle of balance between crimes and the principle of responsibility is ultimately an unreasonable sentencing argument.

However, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a death penalty, an indefinite term, or an imprisonment with or without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, such

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