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(영문) 대법원 2020.02.14 2020도465
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

The judgment below

[Attachment 2] 5 and 5. 8 [Attachment 2018 Highest 4538].]

Reasons

We examine the grounds of appeal.

According to the records, the defendant appealed against the judgment of the court of first instance, and asserted a misunderstanding of facts and a misunderstanding of the legal principles as to the rules of reinforcement of confession, along with the grounds for appeal, as well as the grounds for appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to the rules of reinforcement of confession does not constitute a legitimate ground for appeal.

Considering the above assertion of unfair sentencing, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, and thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the sentence is unfair is too unreasonable is

Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the judgment below, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

February 14, 2020

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