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(영문) 대법원 2013.12.12 2013도12452
유해화학물질관리법위반(환각물질흡입)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's mental and physical argument on the grounds of its stated reasoning is just and there is no error of law such as misunderstanding of legal principles

Meanwhile, the argument that the judgment of the court below erred in misconception of facts or incomplete deliberation due to the violation of the rules of evidence as to the grounds for sentencing is the argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the above argument in this case where

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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