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(영문) 대법원 2014.12.11 2014도12128
약사법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, there is an error of mistake in the judgment below.

The argument that there is an error of law as to the procedure of the first instance or as to the illegality is not a legitimate ground for appeal.

In addition, even if ex officio examination is conducted, there is no error of law that affected the conclusion of the judgment due to a violation of the procedures for summons of the defendant and delivery of a copy of indictment, or an infringement of the right to receive counsel's assistance, as alleged in the

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, the argument that the lower court’s appeal on the grounds of mistake of facts as to the conditions of sentencing is not legitimate grounds for appeal.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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