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(영문) 대법원 2019.11.28 2019도13728
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below found the prosecutor guilty of only 9.85g of violation of the Act on the Control of Narcotics, Etc. by Mepta 15g water among the facts charged in the instant case, and found the remainder of 5.15g of the facts charged not guilty on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err 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 reinforcement rules of confession

The Prosecutor appealed the entire judgment of the court below, but did not state the grounds of objection in the petition of appeal or the appellate brief concerning the guilty portion.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal).

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, or by misapprehending the legal doctrine on vessel investigation, arrest and seizure, and illegally collected evidence.

According to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too 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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