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(영문) 대법원 2015.05.14 2015도392

특정범죄가중처벌등에관한법률위반(향정)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the lower court was guilty of all of the charges of this case, on the grounds indicated in its reasoning, of violation of the Act on the Control of Narcotics, Etc. from Smuggling Import and Delivery. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the logical and empirical rules

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the first instance judgment convicting the Defendant of violation of the Act on the Control of Narcotics, Etc. from Metepha Pamin Medication, on the grounds stated in its reasoning, on the ground that there was no proof of crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic

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