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(영문) 대법원 2018.07.11 2018도7164
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In examining records, the court below did not err by infringing on the defendant's substantial right of defense or violating the principle of self-responsibility under the Constitution, as alleged in the grounds of appeal.

The argument that the judgment of the court below contains an error of law that deviates from the limit of discretion in sentencing is ultimately an unfair argument of sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against 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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