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(영문) 대법원 2016.06.09 2016도4655
마약류관리에관한법률위반(향정)
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 determined that all of the facts charged in the instant case was guilty on the grounds stated in its reasoning.

In addition, there is no error of law by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the evidence of confession, or the legal principles on the illegality of naval investigation, while failing to exhaust all necessary deliberations, and the argument that the judgment below erred by exceeding the bounds of the discretion of sentencing is an unfair argument of sentencing.

According to Article 383 (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 shall be allowed on the grounds of unfair sentencing.

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