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(영문) 대법원 2018.01.24 2017도19798
마약류관리에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of the Defendant’s appeal, the lower court was justifiable to have convicted the Defendant of the instant facts charged (excluding the portion without charge) on the grounds stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending relevant legal principles.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. On the grounds of the Prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Prosecutor on the ground that there was no proof of a crime regarding the violation of the Narcotics Control Act (mariana) among the facts charged in the instant case, and sentenced the Defendant not guilty.

Examining the record, there are some inappropriate parts in the reasoning of the lower judgment, but the lower court’s above conclusion is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the exclusion of illegally collected evidence.

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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