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(영문) 대법원 2016.12.29 2016도12709
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the lower court was justifiable to have determined that all facts charged were admitted on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending

In addition, the argument that the court below erred in the misapprehension of legal principles as to the legality of arrest or illegal investigation is not a legitimate ground for appeal, since the defendant's grounds for appeal or the court below's decision not to be subject to an ex officio examination is only made at the court of final appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds 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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