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(영문) 대법원 2015.12.23 2015도16552
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in violation of the law regarding the issuance and execution of arrest warrant, misunderstanding of legal principles, or admitting mental and physical disorder is not a legitimate ground for appeal.

In addition, according to the records, the lower court, on August 11, 2015, concluded pleadings on the third trial date and set the sentencing date as August 11, 2015, extended the sentencing date on September 17, 2015, but extended on September 17, 2015, on September 17, 2015, and rendered a judgment against the Defendant on October 1, 2015. Thus, the lower court did not err by failing to notify the sentencing date, as otherwise alleged in the grounds of appeal.

In addition, pursuant to 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 more 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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