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(영문) 대법원 2013.11.28 2013도11956
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to collect 6 million won from the defendant for the reasons stated in its reasoning, and there is no violation of the rules of logic and experience and the principle of free evaluation of evidence, or misapprehension of the legal principles on the calculation of the amount of additional collection.

Meanwhile, the argument that the judgment of the court below contains an error of incomplete deliberation as to the conditions of sentencing, such as the defendant's cooperation in arresting narcotics-related offenders, is ultimately an assertion of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the amount of punishment is unfair is not legitimate

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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