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(영문) 대법원 2014.08.28 2014도8625
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The records reveal that the defendant made a final statement on the first trial date of the court below, and there is no other violation of law such as infringing the defendant's opportunity to make a final statement.

In addition, the argument that the court below erred in infringing on the essential contents of the principle of balance of crime or the principle of responsibility in the determination of the punishment against the defendant is the argument of unfair sentencing. According to 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 more than ten years is pronounced, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where the court rendered a more minor sentence against the defendant, the argument that the amount of

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

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