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(영문) 대법원 2016.01.14 2015도17123
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even if the defendant voluntarily surrenders, the court may voluntarily reduce the punishment for the self-denunciation, because it is merely the fact that the court below failed to reduce the self-denunciation.

Therefore, it cannot be deemed unlawful (see, e.g., Supreme Court Decision 2012Do8187, Aug. 30, 2012). Moreover, the argument that the lower court erred by applying the sentencing criteria to the lower court constitutes an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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