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(영문) 대법원 2017.05.11 2017도4313
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted him/her of violating the Act on the Control of Narcotics, etc. from Smoking Smoking (marijuana) on April 2016, among the facts charged in the revised case, on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the rules of reinforcement

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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