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(영문) 대법원 2017.02.09 2016도20569
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, can recognize the fact that the Defendant administered meconsty, which is a local mental medicine.

Based on the judgment of the court, we rejected the grounds for appeal.

The allegation in the grounds of appeal that such determination by the lower court is unlawful is the purport of disputing the lower court’s finding of facts. It is nothing more than denying the free evaluation of evidence and probative value of the lower court, which is the legal basis of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and the 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

Meanwhile, the argument that the facts charged were not specified in the grounds for appeal is not a legitimate ground for appeal, as it is alleged by the defendant that it was based on appeal or that the court below was not subject to ex officio determination.

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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