beta
(영문) 대법원 2016.09.30 2016도11354

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the philophone medication among the facts charged in the instant case on the grounds stated in its reasoning, and it did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too 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.