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(영문) 대법원 2017.02.15 2016도8635
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that all of the facts charged in the instant case was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the legality of voluntary accompanying and emergency arrest, and the rules of law on the exclusion of illegally collected evidence,

And the issue of whether closed arguments are resumed is the matter belonging to the court's discretion.

Therefore, after the closure of pleadings, the court below rendered a sentence without denying the defendant's application for resumption of pleadings and without resumption of pleadings.

No error may be found (see Supreme Court Decision 2005Do6503, Oct. 28, 2005, etc.). In light of the record, the lower court’s litigation procedure did not err as alleged in the grounds of appeal.

In addition, among the facts charged in the instant case, the argument that the Defendant was in a state of mental and physical weakness at the time of committing a crime of violation of the Narcotics Control Act (feling) on May 2015 and that the lower court erred by misapprehending the legal principles on the calculation of additional collection charges as to the instant crime and the unspecified facts charged, are all asserted in the lower court’s judgment that the Defendant was in a state of mental and physical weakness, and thus, it cannot be a legitimate ground for appeal.

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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