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(영문) 대법원 2016.10.13 2016도12573
화학물질관리법위반(환각물질흡입)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 first instance court and the first instance court, the lower court is justifiable to have found the Defendant guilty of all the facts charged in the instant case on the grounds indicated in its reasoning, and there was no error of omission in

In addition, even upon examining the record, the lower court did not err by misapprehending the procedure of the trial or by infringing the Defendant’s right to a fair trial.

Meanwhile, the argument that the lower court erred by misapprehending the legal principles on the method of sentencing review and sentencing determination and by failing to exhaust all necessary deliberations, thereby violating the principle of balanced criminal punishment, and the principle of liability, constitutes an allegation of unfair sentencing.

However, under 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 not less 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

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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