logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.29 2016도17256
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, it is reasonable for the court below to maintain the judgment of the court of first instance which separately sentenced punishment by applying Article 39(1) of the Criminal Act on the ground that a crime of fraud among the crimes of violation of the Act on the Control of Narcotics, etc. in the judgment of the court of first instance and the crimes of this case committed in the latter part of Article 37 of the Criminal

In addition, the argument that the judgment of the court below is erroneous in the investigation of naval ships is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not take the grounds of appeal or are not subject to

On the other hand, the argument that the court below violated Article 51 of the Criminal Act by failing to properly consider the conditions of sentencing constitutes the argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal can be filed on the grounds

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow