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(영문) 대법원 2021.03.25 2021도1086
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment that found the Defendant guilty on the ground that there was no proof of a crime regarding the violation of the Narcotics Control Act by carrying phiphones among the facts charged in the instant case, and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Narcotics Control Act.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the remaining parts are not indicated in the petition of appeal or in the reasoning of appeal.

2. As to the grounds for appeal by the Defendant, the lower court convicted the Defendant of the instant facts charged (excluding non-criminal part) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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