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(영문) 대법원 2015.08.13 2015도8953
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, there were no errors of violation of logical and empirical rules and violation of the principle of free evaluation of evidence.

In addition, the argument that the indictment of this case constitutes an illegal naval investigation, among the grounds of appeal, shall not be a legitimate ground of appeal, as it is asserted only in the final appeal that the defendant did not consider it as the grounds of appeal or that the court below did not consider it as the subject

Since the failure of the lower court to decide on such assertion was due to the Defendant’s absence of such assertion, the lower court erred by failing to exhaust all necessary deliberations on this point.

or omission of judgment may not constitute an error.

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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