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(영문) 대법원 2015.08.27 2015도8575
마약류관리에관한법률위반(대마)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charges of this case were guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to co-principals.

In addition, the argument that the judgment of the court of fact-finding erred by exceeding the inherent limits of discretion on the sentencing of the court of fact-finding based on the principle of balanced criminal punishment or the principle of responsibility falls under the assertion of unfair sentencing.

However, under 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 punishment is too unreasonable is not a legitimate

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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