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(영문) 대법원 2019.10.18 2019도9874
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Prosecutor on the charge of violation of the Act on the Control of Narcotics, Etc. by providing philopon to E, on the ground that there is no proof of crime, among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. On the grounds of appeal by the Defendant, the lower court convicted the Defendant of violation of the Act on the Control of Narcotics, Etc. by providing Handphones to B among the facts charged in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, by misapprehending the legal doctrine on the presumption of innocence, and the degree of proof necessary for the presumption of innocence, or by misapprehending the principle of court-oriented

Furthermore, even in light of the record, the lower court did not err by infringing the Defendant’s right of defense in the trial proceedings.

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 on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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