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(영문) 대법원 2021.01.14 2020도12796
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted of the violation of the Narcotics Control Act and the violation of the Narcotics Control Act (excluding the non-violation of the part) among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on warrant requirement, due process principle, exclusion of illegally collected evidence, and specification of facts charged.

The assertion that the lower court erred by misapprehending the legal doctrine on the procedures for providing information and confirmation as to citizen participation in the trial, is not a legitimate ground for appeal, since the Defendant’s assertion that it was not the ground for appeal, or that it was not subject to an ex officio determination, was raised in the final appeal.

B. Even in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the guarantee of rights, such as providing information on citizen participation trials.

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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