2013Do3542 Violation of the Act on the Control of Narcotics, etc. ( natives)

A person shall be appointed.

Defendant

Attorney E (Korean National Assembly Line)

Seoul High Court Decision 2013Do378 Decided March 8, 2013

May 9, 2013

The appeal is dismissed.

We examine the grounds of appeal.

Examining the reasoning of the judgment below in light of the relevant legal principles and records, it is just that the court below maintained the court of first instance which found the defendant guilty of the facts charged of this case by deeming that the act of smuggling of this case cannot be deemed to be due to an illegal undercover operation on the grounds as stated in its reasoning, and did not err by failing to exhaust all necessary deliberations or by misapprehending legal principles regarding

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted misconception of facts or misapprehension of legal principles with respect to unfair sentencing and naval investigation as the grounds for appeal. In such a case, the allegation that the judgment of the court below erred by mistake of facts does not constitute a legitimate ground for appeal. Furthermore, even upon examining the records, there is no error as alleged in the

In addition, under 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 one year has been imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be

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

Justices Park Poe-young

Justices Min Il-young

Justices Lee In-bok

Justices Kim Shin -