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(영문) 대법원 2015.11.26 2015도15256
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in the misconception of facts as to the violation of the Act on the Control of Narcotics, Etc. with respect to the smuggling importation of phiphones among the facts charged in the instant case cannot be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred by exceeding the inherent limit of sentencing discretion is ultimately an unreasonable sentencing argument.

However, under 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 on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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