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(영문) 대법원 2017.08.18 2017도6836
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the lower court to reverse the first instance judgment that found the Defendant guilty of the instant facts charged (excluding the guilty part) on the grounds that there is no proof of crime, and to render a not guilty verdict.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice of 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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