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(영문) 대법원 2016.09.08 2016도10073
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Control of Narcotics, Etc. among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misunderstanding the legal principles on the exception of the hearsay rule under Article 314 of the Criminal Procedure Act, thereby infringing on the defendant's right of cross

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 against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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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