logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.11.29 2018도13992
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have determined that all the charges against Defendant A were guilty on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on inclusion of sentence executed abroad.

In addition, the argument that the judgment of the court below contains no core condition of sentencing, which is contrary to the defendant A, and that there is an error of law such as infringing on the essential contents of the principle of balance of punishment or the principle of responsibility.

Accordingly, under 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 has been imposed, a final appeal is allowed, and thus, a more minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate ground for final appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have determined that all the charges against Defendant B were guilty on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence by violating logical and empirical rules, or by misapprehending the legal principles on urgent arrest, seizure procedures, etc.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow