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(영문) 대법원 2019.02.14 2018도20059
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Defendant A appealed against the judgment of the first instance court, and asserted unfair sentencing and misapprehension of legal principles as grounds for appeal, but withdrawn the grounds for appeal of misapprehension of legal principles on the third trial of the lower court, and the lower court did not ex officio consider the matters alleged in the grounds for appeal.

In such a case, the argument that the lower court erred in the misapprehension of legal principles as to admissibility of police statements, etc. is not a legitimate ground of appeal.

2. Defendant B maintained the first instance judgment convicting the Defendant of the facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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, or by misapprehending the legal doctrine on the legality of the arrest procedure for flagrant offenders and the legality of the ex post

3. The Defendants’ final appeal 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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