logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.07.14 2016도5601
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. 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 was guilty of this case’s facts charged (excluding the portion not guilty of the lower court) on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free

2. Examining the reasoning of the prosecutor’s appeal in light of the record, the lower court’s judgment that found the Defendant guilty on the ground that the violation of the Act on the Control of Narcotics, Etc. from Sale of Handphones, on December 10, 2013, among the facts charged in the instant case, constitutes a case where there is no evidence of crime, is justifiable to reverse the first instance judgment and to have acquitted the Defendant.

In contrast to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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

arrow