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(영문) 대법원 2018.05.11 2018도4053
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of applications filed following the deadline for appeal not timely filed).

The lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged as it is.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legitimacy of emergency arrest and seizure procedures, as alleged in the grounds of appeal.

The argument that the judgment below erred in the misapprehension of legal principles as to sentencing hearings is ultimately unfair.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of an unfair sentencing. As such, in the instant case where a more minor sentence was imposed against the Defendant, the allegation that the sentence is too unreasonable is unreasonable

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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