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(영문) 대법원 2013.05.23 2013도3614
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged in this case, and there is no error of law by violating logical and empirical rules and by misapprehending the bounds of the principle of free evaluation of evidence, as alleged in the grounds of appeal.

Considering the various circumstances indicated in the record, such as the means and method of committing a crime in violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) and the Defendant’s act before and after the crime, the Defendant merely did not appear to have had the ability to discern things or make decisions under the influence of phiphones and alcohol at the time, but did not appear to have existed in the state of mental disorder

The argument in the judgment of the court below that there was an error of misconception of facts against the rules of evidence concerning the defendant's mental and physical conditions is not acceptable

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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