logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.12.12 2013도12455
마약류관리에관한법률위반(대마)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record as to Defendant A’s assertion of mistake of facts, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to Defendant B’s assertion of mistake, the lower court’s determination that Defendant B was guilty on the grounds indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

3. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the Defendants’ assertion of unfair sentencing, etc., 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. As such, in this case where a minor sentence has been imposed on the Defendants, the argument that the sentencing of

In addition, Defendant B’s assertion to the effect that the appeal was filed to avoid the period of probation cannot be a legitimate ground for appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow