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(영문) 대법원 2018.12.13 2018도16592
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted violation of law, mistake of facts, and misunderstanding of legal principles along with the unfair sentencing on the grounds of appeal, but the court below's first and third trial dates withdrawn all the remaining grounds of appeal except the unfair sentencing.

In such a case, the argument that the judgment below erred in violation of the law, mistake of facts, and violation of the rules of evidence is not a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character environment, the motive and consequence of the instant crime, and the circumstances after the crime, etc., even considering the circumstances asserted in the grounds of appeal, the lower court’s sentence of imprisonment for a period of six years is extremely unfair.

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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