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(영문) 대법원 2019.05.16 2019도3233
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, found all of the facts charged of this case guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on voluntary conduct, emergency arrest, voluntary confession, exclusion of illegally obtained evidence, warrant requirement, etc.

In addition, the argument that the judgment of the court below violated the inherent limit of sentencing conditions is ultimately an unreasonable sentencing argument.

However, 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 has been imposed, an appeal may be filed on the ground of unfair sentencing. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable

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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