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(영문) 대법원 2013.09.12 2013도8592

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining in light of the evidence adopted by the first instance court maintained by the lower court, the lower court’s finding the Defendant guilty of the purchase of phiphones on May 18, 2011 and June 1, 2011 among the facts charged in the instant case and of the issuance of phiphones on L during May 2012, based on its stated reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to the presumption of innocence by failing to exhaust all necessary deliberations or by misapprehending the rules of logic and experience.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less

Therefore, in this case where a more minor sentence is imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the grounds that there is an error beyond the scope of reasonable discretion in the judgment of sentencing by the court below, and ultimately, there is no error of law

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