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(영문) 대법원 2013.07.25 2013도6593
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that the court below found the defendant guilty by finding wrong facts even though the defendant did not purchase or administer philophones from E, which is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

In light of the reasons and records, the court below cannot find out the reason that the court below exceeded the limit of the principle of free evaluation of evidence.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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