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(영문) 대법원 2016.04.29 2016도2206
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of all of the points of each of the instant facts charged at the O hotel, on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, as alleged in the grounds of appeal, or of misapprehending the legal principles on the admissibility of evidence in the suspect examination protocol prepared by the prosecutor and the recognition of credibility of evidence, or failing to exhaust all necessary deliberations.

2. As to the prosecutor's grounds for appeal

A. We examine the reasoning of the lower judgment in light of the record, we affirm the lower court’s judgment that acquitted the Defendant of each of the facts charged in the instant case on the sales of each of the instant charges and the medication at I hotel.

Contrary to the allegations in the grounds of appeal, there is no illegality of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. Examining the reasoning of the lower judgment in light of the record, the lower court’s measure that the Defendant did not additionally collect the value of each X-ray administered by the Defendant on the grounds stated in its reasoning is acceptable.

In doing so, there is no error of law by misapprehending the legal principles as to collection as alleged in the grounds of appeal.

(c)

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the conviction, and there is no reason of appeal as to it.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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