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(영문) 대법원 2017.01.25 2016도18678
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The Defendants’ grounds for appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that Defendant N sold phiphones to Defendant A twice, and found the Defendants guilty of this part of the crime.

The allegation in this part of the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the principle of trial on evidence, admissibility and probative value, or by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, as alleged

2. Examining the reasoning of the lower judgment on Defendant A’s ground of unfair appeal for sentencing, in light of the reasoning of the lower judgment’s argument that Defendant A violated the rules of evidence or violated Article 51 of the Criminal Act with regard to the grounds of appeal, the allegation of the grounds of appeal in the above grounds of appeal constitutes an unfair

Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against Defendant A, the argument that the amount of punishment, including the above argument, is unfair is not a legitimate ground for appeal

3. Therefore, the appeal is dismissed.

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