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(영문) 대법원 2019.07.25 2019도6398
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s appeal, the Defendant did not submit the appellate brief within the submission period, and did not state the grounds thereof in the petition of appeal.

2. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime against each part of the violation of the Act on the Control of Narcotics, Etc. (flag) arising from the provision of a clickphone on January 2018 and February 22, 2018, among the facts charged in the instant case, on the grounds that there was no evidence of a crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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