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(영문) 대법원 2015.06.11 2015도4577
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Control of Narcotics, etc. due to the administration of phiphoneon around May 20, 2014 among the facts charged in the instant case on the grounds stated in its reasoning.

There is no violation of the principle of free evaluation of evidence in violation of logical and empirical rules without exhausting all necessary deliberations.

In addition, according 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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.

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