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(영문) 대법원 2014.10.30 2014도11409
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the allegation that the lower court erred by mistake of facts as to the guilty portion among the facts charged in the instant case is not a legitimate ground of appeal since the Defendant’s ground of appeal is asserted in the final appeal that the lower court did not consider it as the grounds of

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is reasonable to find the Defendant not guilty on the ground that there was no evidence of the crime regarding the violation of the Act on the Control of Narcotics, etc. from Issuance of Handphones, among the facts charged in the instant case, on February 2, 2014. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

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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