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(영문) 대법원 2015.07.09 2015도6221
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding that the court below was guilty of violating the Act on the Control of Narcotics, Etc. from Sale and Purchase of Handphones around April 3, 2014 among the facts charged in the instant case, and there was no error in the misapprehension of the legal principle as to the modification of indictment, contrary to what is alleged in the grounds of

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Other grounds of appeal are not legitimate grounds of appeal, as they are alleged in the grounds of appeal by the defendant or by the court below that they were not subject to 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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