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(영문) 대법원 2013.11.14 2013도10623
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by violating the rules of confession reinforcement cannot be a legitimate ground for appeal.

In addition, the argument that there was an error affecting the judgment of the court below due to a change in the former sentence of the prosecution, which was made after pleadings have been concluded in the trial proceedings of the court of first instance, is ultimately an assertion of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the determination

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of

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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