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(영문) 대법원 2020.02.13 2019도18166
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance that acquitted Defendant A on the ground that there was no proof of crime regarding the violation of the Act on the Control of Narcotics, Etc. due to the provision of Metepta, among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err 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 reinforcement rules of confession

2. According to the record as to Defendant A’s final appeal, Defendant A did not submit a petition of final appeal; Defendant A submitted a written statement of “statement of final appeal” to the Supreme Court on December 24, 2019 when the period for filing final appeal expired.

This is unlawful since it was submitted after the right to appeal has been extinguished as a petition of appeal.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act as to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

4. 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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