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(영문) 대법원 2014.07.24 2014도6225
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A and D’s grounds of appeal, Defendant A appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument to the effect that the method of calculating the amount of collection is not a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced at the original trial. Thus, in this case where Defendant A and D are sentenced to a more minor sentence, the argument that the sentence is too unreasonable is not legitimate.

2. Examining the reasoning of the lower judgment as to Defendant C’s grounds of appeal in light of the first instance court and the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant C guilty of all of the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, thereby adversely

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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