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(영문) 대법원 2015.10.15 2015도12084

화학물질관리법위반(환각물질흡입)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning is just and there is no violation of the rules of evidence or incomplete hearing as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in the violation of the rules of evidence or incomplete deliberation on sentencing conditions is ultimately an unfair sentencing argument.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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