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(영문) 대법원 2014.04.24 2014도1103
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant B’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed), the lower court determined that the first instance judgment convicting Defendant B of the facts charged in this case against Defendant B was justifiable, and rejected the grounds of appeal on mistake of facts.

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. While examining the reasoning of the judgment below in light of the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on willful negligence, contrary to what

2. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance judgment that found Defendant C guilty and acquitted on the grounds that the instant facts charged against Defendant C constituted a case where there is no evidence of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment in violation of logical and empirical rules and the principle of free evaluation of evidence, contrary to what is alleged in the grounds of 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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