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(영문) 대법원 2014.09.25 2014도9361
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violation of the Act on the Control of Narcotics, etc. due to Mept Amera, among the facts charged in this case, and there is no error in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the ground of appeal.

In addition, there is an error of law that deviates from the inherent limit of sentencing discretion in the judgment of the court below.

The argument that there is an error of law by misapprehending the legal principles on the method of sentencing review and sentencing determination is ultimately an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a minor punishment, the argument to the effect that the sentence is too unreasonable cannot

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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