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(영문) 대법원 2015.04.23 2015도2953
야간주거침입절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s dismissal of public prosecution as to the violation of the Act on the Control of Narcotics through Purchase and Sale of Handphones, on November 20, 2013, among the facts charged in the instant case, on the grounds as indicated in its holding is justifiable, on the ground that the public prosecution procedure constitutes a case where the procedure for prosecution becomes invalid in violation of the provisions of the Act, and contrary to what is alleged in the grounds of appeal, there is no error of

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the remaining points, and there is no reason for objection in the appellate brief.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s ground of appeal, the lower court is justifiable to have determined that the Defendant was guilty of all of the facts charged in the instant case, on the grounds indicated in its reasoning, of violation of the Narcotics Control Act by each of the 201th September 25, 2013, October 12, 2013, October 30, 2013, and of violation of the Narcotics Control Act by each of the philophones transaction arrangement on October 30, 2013, and violation of the Narcotics Control Act by the philophones possession on November 20, 2013. In so doing, the lower court did not err by misapprehending the legal doctrine on the illegality of a naval investigation,

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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