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(영문) 대법원 2018.11.15 2018도14059
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, Etc. and the Act on the Control of Narcotics, Etc. due to Attempted Sale of Handphones.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court’s determination is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the credibility of statements and the timing of commencement of the commission of a crime in violation of the Act on the Control of Narcotics, Etc. due to the attempted sale of phiphonephones, as alleged in the grounds of

In addition, examining various circumstances, such as the Defendant’s age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., which can be seen by the record, the sentencing of the lower court, which sentenced 12 years to imprisonment, is extremely unfair.

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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