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(영문) 대법원 2015.03.20 2015도601
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the first instance court and the lower judgment in light of the evidence duly admitted, the first instance judgment convicting the Defendant of obstruction of performance of special duties among the facts charged in the instant case and the lower judgment that maintained that conclusion does not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, considering the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's assertion on mental disorder, and there is no error of misconception of facts or misapprehension of legal principles as to mental disorder.

In addition, pursuant to 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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