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(영문) 대법원 2015.11.26 2015도14260
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the defendant and the respondent for attachment order A

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant and the respondent for an attachment order were guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case against the Defendant and the respondent for an attachment order on the grounds stated in its reasoning is justifiable and acceptable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the respondent for an order to attach an electronic device are sentenced to a more minor sentence, the argument that

B. As to the case of the request for attachment order, if the defendant and the respondent for the attachment order filed a final appeal regarding the prosecuted case, the appeal regarding the case of the request for attachment order is deemed to have been filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

2. Examining the reasoning of the lower judgment as to Defendant B’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning is just and acceptable, and contrary to what is alleged in the grounds

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