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(영문) 대법원 2017.01.25 2016도17844
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, the lower court was lawfully notified by the judicial police officers at the time of emergency arrest.

The decision is justified.

In so determining, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal doctrine on illegally collected evidence, contrary to what is alleged in the grounds of appeal.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

The ground of appeal that the court below erred in calculating additional collection charges is not a legitimate ground of appeal, since the defendant alleged as the ground of appeal or the court below did not consider it as the object of judgment ex officio.

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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