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(영문) 대법원 2018.10.25 2018도10273
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the allegation that the lower court erred by misapprehending the legal doctrine on the method of sentencing hearing and sentencing judgment, thereby deviating from the inherent limits of sentencing discretion, constitutes an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to reverse the first instance judgment convicting the prosecutor of the instant facts charged (excluding the portion guilty) on the grounds stated in its reasoning, deeming that there is no evidence of crime, and to have pronounced the acquittal.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no indication of the grounds for appeal as to the guilty portion, nor there is no statement of the grounds for appeal as to the grounds 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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