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(영문) 대법원 2016.03.24 2016도1537
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the charge of this case (excluding the part without charge) on the grounds as stated in its reasoning, and there was no error of exceeding the bounds of the principle of free evaluation in violation of the logical and empirical rules, or by misapprehending the legal principles on impossible crimes or impossible attempted crimes.

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the crime of this case is not a legitimate ground for appeal since the defendant asserts that he was either the defendant's ground for appeal or was not subject to judgment ex officio.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the amount of punishment is unfair 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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