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(영문) 대법원 2016.12.29 2016도10504

관세법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the Defendants’ grounds of appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendants guilty of violating the Customs Act as stated in the separate sheet Nos. 8, 16, 18, and 20 of the judgment of the court of first instance among the facts charged against the Defendants on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by violating the logical and empirical rules and by misapprehending the bounds of the principle of free evaluation of evidence

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, and thus, in this case where a fine is imposed against the Defendants, the argument that the sentencing of the sentence

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted the Defendants on the ground that the charge of violating the Customs Act as stated in the annexed list No. 36,38 of the first instance judgment among the facts charged in the instant case constitutes a case where there is no proof of criminal facts. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating logical and empirical rules

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.