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(영문) 대법원 2014.10.27 2014도11239
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have convicted the Defendant of violating the Act on the Control of Narcotics, etc., as of January 10, 2013 among the facts charged in the instant case, and additionally collected KRW 80,000,000 from May 15, 2013. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the calculation of the amount of additional collection

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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