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(영문) 대법원 2018.10.25 2018도13019
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of applications filed following the deadline for appeal not timely filed).

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases of which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been pronounced

Therefore, in this case where a more minor sentence is imposed against the defendant, the court below's decision on the selection and probative value of evidence and the assertion that the court below's decision on the evidence selection and probative value or the assertion that the facts based thereon are not legitimate grounds for appeal.

2. The lower court reversed the first instance judgment and acquitted the Defendant on the grounds of the Prosecutor’s appeal, on the ground that there was no proof of a crime regarding the part on the sale of each of the instant facts charged regarding L among the instant facts charged.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal

The Prosecutor appealed to the entire judgment of the court below, but did not state the grounds of appeal as to the guilty portion in the petition of appeal or the reasons of appeal.

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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