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(영문) 서울고등법원 2019.06.13 2019노275
마약류관리에관한법률위반(대마)
Text

Defendant

All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles must be tried without any need to decide whether the appeal has been filed or whether the grounds for ex officio investigation are included in the statement of reasons for appeal. However, with respect to non-applicable grounds for ex officio, a trial may be conducted only where the grounds for appeal were stated in the petition of appeal or are included in the statement of reasons for appeal submitted within a prescribed period. However, even if the grounds that affect the conclusion of the judgment are not exceptionally included in the statement of reasons for appeal, an ex officio judgment may be conducted. Meanwhile, even if the defendant or defense counsel stated matters not included in the statement of reasons for appeal in the appellate court, it cannot be viewed that there are reasons for appeal as contained in the statement of reasons for appeal (see Supreme Court Decision 2006Do8488, May 31, 2007). According to the reasoning of the judgment below, the defendant A and the defense counsel stated the following facts in the statement of reasons for appeal as to the sale of marijuana on April 4, 2019 at the first day of the trial.

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