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(영문) 대법원 2016.09.30 2016도12101
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds for appeal in light of the evidence duly admitted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the Defendant was guilty on November 11, 2013 of the facts charged in the instant case, on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on vessel investigation.

In addition, pursuant to 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

2. On the grounds of the prosecutor’s final appeal, the lower court reversed the first instance judgment convicting the prosecutor on the ground that the instant facts charged constituted a case where there is no proof of crime regarding the administration of phiphoneon on October 17, 2013 and October 20, 2013, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

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

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