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(영문) 대법원 2016.11.25 2016도14523
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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, the argument that the lower court erred by mistake of facts, incomplete deliberation, or misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, since the extension of the notice date falls under the discretion of the court, the court below failed to postpone the notice date even though it requested the postponement of the notice date after the closing of argument.

Therefore, the lower court cannot be deemed to have erred by violating the relevant statutes, such as abuse of the right to command the lawsuit.

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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