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(영문) 대법원 2017.09.07 2017도8642
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the grounds for Defendant B’s appeal in accordance with the relevant legal principles and evidence, the lower judgment convicting Defendant B of the facts charged of the instant case (except for the portion without charge) against the Defendant, as alleged in the grounds of appeal, did not err by misapprehending the legal doctrine and experience by failing to exhaust all necessary deliberations, as otherwise alleged in

2. On the grounds of the prosecutor’s final appeal, the lower court upheld the first instance judgment that acquitted the Defendants on the ground that the Defendants constituted a case where there was no proof of a crime regarding the fact of administering a Mestoptotop dose in the first instance among the facts charged in the instant case against the Defendants on June 2014 and the fact of administering a Mestoptop dose in the Defendant B on September 2014 among the facts charged in the instant case against the Defendants.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err by misapprehending the rules of evidence, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reason in the petition of appeal and does not state the reason for appeal.

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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