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(영문) 대법원 2019.01.31 2018도19040
마약류관리에관한법률위반(향정)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime regarding the administration of phiphones on April 20, 2018 among the facts charged in the instant case, and sentenced the Defendant not guilty.

In examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

2. According to the records as to the Defendant’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only the mistake of facts as to the administration of philophones on April 20, 2018 among the facts charged in the instant case and the unreasonable sentencing as to the whole judgment of the first instance.

In such a case, the lower court’s assertion that there was an error of misconception of facts or of misapprehending legal principles as to the administration of philophones around January 2018 among the facts charged in the instant case does not constitute a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

3. Therefore, 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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