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(영문) 대법원 2016.05.26 2016도4315
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Whether or not the date of sentence is postponed or the closed argument is resumed is a matter belonging to the court's discretion.

Therefore, even if the court below rejected the request for the extension of the date or the request for the resumption of pleadings after the closure of pleadings, it did not err by infringing on the right to assistance of counsel or the right to a legitimate trial in the proceedings of the court below.

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, 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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