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(영문) 대법원 2014.09.04 2014도4611
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court acknowledged the part of the facts charged that the Defendant administered phiphones, and determined that the facts charged may be deemed to be specified to the extent that it does not infringe the Defendant’s right to defense, taking into account the characteristics of the crime into account the characteristics of the crime, and rejected the Defendant’s allegation

The allegation in the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination of evidence and probative value, which belong to the free judgment of the fact-finding court.

In addition, even after examining the reasoning of the lower judgment in light of the records, including 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 and empirical rules, by misapprehending the legal doctrine regarding the specification of the facts charged, or by violating the warrant requirement and lawful investigation procedures, etc.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. On the grounds of appeal by the prosecutor, the lower court, on the grounds indicated in its reasoning, determined that it is insufficient to recognize the part of the facts charged that the Defendant possessed a philopon, and rejected the allegation of the grounds of appeal for

The allegation in the grounds of appeal disputing this is merely an error of the lower court’s determination of the choice of evidence and probative value, which belong to the free judgment of the fact-finding court, or of fact-finding based thereon, and the reasons of the lower judgment.

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