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(영문) 대법원 2014.06.12 2014도4444
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence adopted by the lower court and the first instance court, it is justifiable for the lower court to have convicted all of the charges of this case on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on the exclusion of illegally obtained evidence or the warrant principle due to illegality in the course of arrest or urology.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

In addition, the argument that there is an error in the investigation process among the grounds of appeal is not a legitimate ground of appeal, which is alleged in the ground of appeal by the defendant as the grounds of appeal, or by the court below as not subject to ex officio

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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