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(영문) 대법원 2019.09.10 2019도10182
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the records of the Defendant case, the lower court did not err by infringing on the right of defense of the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”).

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 may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

The assertion of demanding a pronouncement of judgment is not a legitimate ground of appeal.

2. When a defendant of a case claiming medical treatment and custody files an appeal against a prosecuted case, the defendant shall be deemed to have filed an appeal.

However, the petition of appeal and the appellate brief did not state the grounds for objection to it.

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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