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(영문) 대법원 2018.01.25 2017도14491
마약류관리에관한법률위반(대마)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that “crimes stipulated in this Act” under Article 7 of the Punishment of Violences, etc. Act (hereinafter “Punishment of Violence”) should be strictly construed as crimes that directly prescribe the composition requirements and punishment in the Punishment of Violences Act, and recognized that the first instance judgment which acquitted the Defendants of the violation of the Punishment of Violence Act, which is the primary charge of the revised charges of this case, was justifiable, and rejected the Prosecutor’s Appeal as to the misapprehension of the legal doctrine.

The judgment below

Examining the reasoning of the first instance trial in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the relevant legal doctrine or by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

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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