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(영문) 대법원 2017.04.13 2017도3073
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by Defendant A, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal based on unfair sentencing is allowed. As such, in the instant case where the court rendered a minor sentence against the said Defendant, the argument that the amount of the punishment is unfair is not legitimate

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, 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 or by misapprehending the relevant legal doctrine, without failing to exhaust all necessary deliberations as

Meanwhile, examining the reasoning of the judgment below in light of the records, it is just that the court below ordered the above defendant to collect 2,300,000 won, and there is no error of misunderstanding of facts or misunderstanding of legal principles as to the calculation of

In addition, 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 is imposed, an appeal is permitted based on unfair grounds for sentencing. Thus, the argument that the determination of punishment is unfair is not a legitimate ground for appeal in this case where the above defendant was sentenced to minor punishment.

3. 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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