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(영문) 대법원 2017.03.15 2017도122
마약류관리에관한법률위반(대마)등
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 by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have found the Defendant guilty of attempted fraud among the facts charged

The lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. Of the facts charged in the instant case, the lower court affirmed the first instance judgment that acquitted the public prosecutor on the grounds that there was no proof of a crime in both the violation of the Narcotics Control Act and the obstruction of performing official duties in a deceptive scheme.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal

3. Conclusion and the Prosecutor’s appeal are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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