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(영문) 대법원 2020.11.26 2020도12413
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the import, sale, and acceptance of

The argument that the court below erred in the misapprehension of legal principles as to the legality of investigation procedures and the meaning of "trade of psychotropic drugs" is not a legitimate ground for appeal, since the defendant alleged in the appellate court that there was no ground for appeal or that there was no ground for ex officio determination by the court below.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the 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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