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(영문) 대법원 2019.07.11 2019도6141
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the violation of the Act on the Control of Narcotics, etc. by marijuana among the facts charged in the instant case, and acquitted the Defendant.

Examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by violating the principle of court-oriented trials and the principle of substantial direct examination, thereby adversely affecting the conclusion of the judgment.

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the Defendant’s grounds of appeal, 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

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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

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