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(영문) 대법원 2017.07.11 2017도6956
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence adopted by the court below, the court below is just in finding the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning, and there is no error of law by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to deceptive scheme in the obstruction of the execution

In addition, the argument that the judgment of the court below erred in violation of Article 51 of the Criminal Act due to the lack of deliberation on the sentencing grounds is ultimately 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not 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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