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(영문) 대법원 2019.10.17 2019도11830
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In examining the record, the first instance court and the lower court did not err by infringing the Defendant’s right of defense, as otherwise alleged in the grounds of appeal.

The allegation that the lower court’s determination of sentencing violated the equality with accomplices, or that the lower court erred by failing to exhaust sufficient deliberation on the circumstances constitutes an allegation of unfair sentencing.

According to 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 not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or 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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