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(영문) 대법원 2015.08.13 2015도6094
특정범죄가중처벌등에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds indicated in its reasoning, found the Defendants guilty of the violation of the Act on the Control of Narcotics, Etc. (excluding the part concerning acquittal in the grounds of appeal) due to the smuggling import on February 19, 2014 among the facts charged in the instant case. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. Reviewing the reasoning of the lower judgment on the grounds of appeal by the prosecutor, based on the records, the lower court acquitted Defendant A on the ground that there was no proof of crime as to the violation of the Act on the Control of Narcotics, Etc. by the smuggling from January 3, 2014 among the facts charged in the instant case, and the violation of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc., and found Defendant A not guilty on the ground that there was no proof of crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

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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