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(영문) 대법원 2015.10.29 2015도13193
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The sentencing criteria of the Sentencing Committee for the Supreme Court under Article 81-2 of the Court Organization Act are general and objective criteria prepared for the rational sentencing in criminal trials, so it shall be respected when the types of punishment are selected and the sentence is determined, but it shall not have the legal binding force.

(Article 81-7 (1) of the Court Organization Act). The ground of appeal purporting to the effect that the judgment of the court below violates the sentencing guidelines cannot be accepted.

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 sentencing of the

Meanwhile, the argument that the sentencing date should be delayed does not constitute a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

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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