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(영문) 대법원 2017.04.13 2017도3041
마약류관리에관한법률위반(향정)등
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 facts charged on the grounds as stated in its reasoning, and there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal principles, contrary to the allegations in the

In addition, examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning, and there is no error of law by misunderstanding of legal principles as to mental

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate grounds for

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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