2016Do2206 Violation of the Act on the Control of Narcotics, etc. ( natives)

A person shall be appointed.

Defendant and Prosecutor

Attorney B, BW

Seoul Eastern District Court Decision 2015No538 Decided January 22, 2016

April 29, 2016

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of all of the psychotropic drugs medication in the hotel among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not exhaust all necessary deliberations but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

2. As to the Prosecutor’s Grounds of Appeal

A. While examining the reasoning of the judgment below in light of the records, it is acceptable to affirm the judgment of the court of first instance that acquitted each of the facts charged in the instant case of selling psychotropic drugs and administering psychotropic drugs at a hotel on the grounds as stated in its reasoning. Contrary to what is alleged 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

B. Examining the reasoning of the judgment below in light of the records, the court below is just in holding that the defendant did not collect the value of each X-gu administered by the defendant for the reasons stated in its reasoning. There is no error of law by misapprehending the legal principles on collection as otherwise alleged in the ground of appeal.

C. Meanwhile, while the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the guilty portion, and there is no reason of appeal as to the appellate brief.

3. Conclusion

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

Justices Kim Shin-chul

Chief Justice Park Poe-dae

Justices Park Young-young

Justices Kim Jong-il