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(영문) 대법원 2020.02.27 2019도18174
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

A person who has filed a statement of grounds for appeal may withdraw part of the grounds for appeal stated in the grounds for appeal on the court date, but if the grounds for appeal are withdrawn, it may be subject to a restriction that may not be deemed the grounds for appeal again. Thus, the withdrawal of the grounds for appeal

(2) In light of the records, the court below erred by misapprehending the legal principles on the grounds of appeal, on the grounds of appeal, and on the grounds of appeal, since it is clear that the Defendant asserted the calculation of the amount of collection, misunderstanding of facts on calculation of the amount of collection, misunderstanding of legal principles on concurrent crimes under the latter part of Article 37 of the Criminal Act, and the assertion of unfair sentencing was not explicitly withdrawn on the trial date. Thus, the court below did not err by misapprehending the legal principles on the grounds of appeal on the grounds of mistake of facts

However, in light of the relevant legal principles and evidence duly admitted, the first instance court and the lower court’s judgment that held that the instant crime cannot be concurrent crimes under Article 37 of the Criminal Act because it was sentenced to one year of imprisonment with prison labor for the branch court of the Daegu District Court on May 16, 2018, and the judgment of May 24, 2018 cannot be judged concurrently with the crime of violating the Act on the Control of Narcotics, Etc., which became final and conclusive on May 24, 2018, which held that the said crime and the latter part of Article 37 of the Criminal Act cannot be deemed concurrent crimes, did not err by misapprehending the legal principles as to latter concurrent crimes under Article 37 of

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of legal principles as to sentencing is ultimately an unreasonable sentencing argument.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal 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 legitimate.

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