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(영문) 대법원 2013.10.31 2013도9845
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the various circumstances indicated in the records, such as the background leading up to each of the crimes in this case, the method of crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, it is difficult to view that the defendant was in a state of mental disorder at the time of the crime in this case, and therefore, there is no illegality of not recognizing mental disorder

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just that the court below ordered the defendant to collect additional tax of KRW 100,000,000 for the reasons stated in its reasoning, and there is no error

In addition, pursuant 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 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 amount of

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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