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(영문) 대법원 2015.11.27 2015도12869
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error of law as alleged in the grounds of appeal.

On the other hand, according to the records, the defendant appealed against the judgment of the first instance, and asserted only mental health and injury as the grounds for appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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