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(영문) 대법원 2017.08.23 2017도6615
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the violation of the Act on the Control of Narcotics, Etc. in the instant facts charged from Nos. 3 through 8 of the crime sight table of the lower court among the facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is just, and there is no error in the misapprehension of legal principles as to the credibility of confession statement as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendant was guilty of this case’s facts charged (except for the portion without charge) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules,

In addition, the argument that the lower court erred by violating Article 51 of the Criminal Act due to the lack of deliberation on the grounds for sentencing is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

3. Therefore, 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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