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(영문) 대법원 2016.03.24 2015도19689
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

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

According to the records, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such cases, the argument that the judgment below erred by mistake of facts is not a legitimate ground for appeal.

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

In addition, the argument that the court below erred in infringing on the essential contents of the principle of balance of punishment or the principle of responsibility in the method of examining the sentencing and determining the sentencing constitutes an unfair argument for sentencing.

However, 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair does not constitute a 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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