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(영문) 대법원 2019.05.10 2019도4037
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the relevant legal principles and the evidence duly adopted and examined by the first instance court, the lower court is justifiable to have convicted the Defendant of the facts charged of this case (excluding the part on acquittal) on the grounds the lower court stated in its reasoning.

There are no errors in violation of the principle of legality, the principle of clarity and the principle of prohibition of analogical interpretation.

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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

The Defendant stated in the statement of the grounds of appeal that “the instant crime was committed in the state of mental or physical disability (e.g., in the state of mental or physical disability)” and did not state specific reasons therefor. Thus, this cannot be deemed a legitimate ground of appeal.

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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