마약류관리에관한법률위반(향정)등
The appeal is dismissed.
The grounds of appeal are examined.
The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of violating the Act on the Control of Narcotics, etc. (fence) arising from the purchase of each of the instant facts charged by the Defendant on September 2012, October 5, 2012, and October 9, 2012.
The judgment below
Examining the reasoning in light of the records, including the evidence duly admitted, the lower judgment did not err by exceeding the bounds of the principle of logic and experience and the free evaluation of evidence, or by misapprehending the legal doctrine on reinforcement evidence, etc., contrary to what is alleged in the grounds of appeal.
In addition, it is merely the fact that the court can voluntarily reduce the punishment for a person who voluntarily surrenders under the Criminal Code, but the court below's failure to reduce the number of self-denunciation cannot be deemed illegal on the ground that the defendant voluntarily surrenders.
(see, e.g., Supreme Court Decisions 2004Do2018, Jun. 11, 2004; 201Do12041, Dec. 22, 2011). Moreover, under Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is declared, and thus, in the instant case where the Defendant was sentenced to a more minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.