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(영문) 대법원 2019.07.04 2019도524
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court affirmed the first instance judgment that acquitted Defendant B on the ground that there was no proof of each crime on July 18, 2017, on the following grounds: (a) the purchase of Mebacopon (hereinafter “Mecopon”; hereinafter “Mecopon”) from among the facts charged against Defendant B on July 201; and (b) the use of Mecopon medication on July 18, 2017.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on admissibility of evidence and “ particularly reliable state” under Article 314 of the Criminal Procedure

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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

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