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(영문) 대법원 2015.03.20 2015도1721
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The ground of appeal disputing the fact-finding of the lower court is merely an error of free evaluation of evidence selection and probative value by the fact-finding court under the legal principles of free evaluation of evidence, and thus, it cannot be a legitimate ground of appeal.

In addition, even if the grounds alleged in the grounds for appeal are examined in light of the evidence and records duly admitted, there is no error of law that affected the conclusion of the judgment by either violating the procedure for the appointment of a public defender or exceeding the bounds of the free evaluation of evidence

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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

In addition, the argument that the sentencing date should be delayed does not constitute a legitimate ground of appeal as stipulated in Article 383 of the Criminal Procedure Act.

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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