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(영문) 대법원 2014.01.29 2013도15150
마약류관리에관한법률위반(향정)
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 violating the Act on the Control of Narcotics, Etc. by Handphones, among the facts charged in the instant case, on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the law of logic and experience and free evaluation of evidence,

On the other hand, the defendant's act of taking notes constitutes grounds for excluding illegality in Article 20 of the Criminal Act.

The assertion that there was an error in the misapprehension of legal principles as to additional collection in the judgment of the court below is a ground for appeal or that the court below did not consider it as an object of judgment ex officio, and it cannot be a legitimate ground for appeal.

Furthermore, even if ex officio review is conducted, there is no error as alleged in the judgment below.

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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