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(영문) 대법원 2015.02.26 2014도17887
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where a defendant has requested consolidation of pleadings, whether such consolidation of pleadings belongs to the discretion of the court.

(See Supreme Court Decision 87Do706 delivered on June 23, 1987, etc.). Therefore, even if the court below did not hold a joint hearing with other cases claimed by the defendant, it cannot be said that the court below erred by failing to exhaust all necessary deliberations in the procedure of the court below.

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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