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(영문) 대법원 2016.02.18 2015도19801
마약류관리에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court, based on its reasoning, determined that the grounds for urgent arrest of the Defendant are recognized and urgent arrest process, detention process, and search and seizure list for the seized articles are admissible, and thus, rejected the grounds for appeal by misapprehending the legal doctrine.

The allegation in the grounds of appeal is the purport of disputing the recognition of facts that served as the basis of such determination by the lower court, and is nothing more than denying the judgment of the lower court on the selection and probative value of evidence belonging to the free judgment by the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the requirements and procedure for urgent arrest, the principle of search without warrant, search without warrant, and presumption of innocence, failing to exhaust all necessary deliberations, or by failing to exhaust all necessary deliberations without any justifiable reason, or by exceeding the bounds

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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