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(영문) 대법원 2015.09.11 2015도11691
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

The judgment below

Of the two pages, the "fourths" of the fifth letter shall be corrected to three times.

Reasons

We examine the grounds of appeal.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground of appeal.

In addition, 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 more 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 cannot be a legitimate ground for appeal.

Therefore, in accordance with Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed. Of the judgment below, it is clear that the “fourths” of the second and fourths are three times, and thus, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

September 11, 2015

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