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(영문) 대법원 2019.09.20 2019도11517
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

In the first instance judgment, the "Date A" at the last stage of the first instance judgment shall be deemed to be "from the date and place."

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.

An appeal may be filed on the grounds that there is a significant reason to believe that the sentencing is extremely unfair.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's fact-finding or the punishment is too unreasonable without any specific argument about the violation of the law of the court below is not a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed. Of the judgment of the court of first instance, “A from the date and time” in the last sentence of the first instance is obvious that it is a clerical error of “A from the date and time,” and thus, it shall be corrected pursuant to Article 25(1) of the Rules on Criminal Procedure. It is so decided

September 20, 2019

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