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(영문) 대법원 2016.08.17 2016도8494

마약류관리에관한법률위반(향정)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to find the defendant guilty of violating the Game Industry Promotion Act due to the use and provision of different game products from the game products classified as rating among the facts charged of this case, and there is no violation of the law by violating the logical and empirical rules and exceeding the bounds of free evaluation of evidence, or by misapprehending the relevant legal principles, as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in violating the principle of proportionality and equality under the Constitution is an unfair argument in sentencing.

However, 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 has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on 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.