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(영문) 대법원 2017.03.09 2016도20991
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below reversed the judgment of the court of first instance on the ground that there are reasons falling under Articles 153 and 152 of the Criminal Act with respect to the defendant, and subsequently rendered a statutory mitigation on perjury as stated in the above provisions, and sentenced the same punishment as the judgment of the court of first instance after adding the crimes of violation of the Act on the Control of Narcotics, Etc. and concurrent crimes prosecuted together with each other. There is no error of law by misunderstanding the legal principles on the necessary reduction or exemption of punishment in perjury.

Meanwhile, examining the reasoning of the judgment below in light of the records, it is just that the court below ordered the defendant to collect a surcharge of KRW 2,560,000, and there is no error of misunderstanding of facts or misunderstanding of legal principles as to

In addition, the argument that the judgment of the court below is erroneous in the deliberation of the sentencing grounds is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unfair is not a legitimate

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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