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(영문) 대법원 2017.01.12 2016도16522
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in holding that the court below convicted all of the facts charged of violation of the Act on the Control of Narcotics, etc. and violation of the Narcotics Control Act (marijuana) on October 6, 2015 among the facts charged in the instant case on the grounds stated in its reasoning, and it did not err by misapprehending the legal principles on the trial-oriented principle, legality of arrest, and illegally collected evidence, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that the result of the defendant's oral appraisal of the grounds for appeal is illegal is not a legitimate ground for appeal, as it is alleged by the defendant only for the grounds of appeal that the court below did not consider it as being subject to judgment ex officio.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is permitted for an appeal on the grounds of an unfair sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for 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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