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(영문) 서울남부지방법원 2013.09.27 2013노1123

관세법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, despite the fact that Defendant A conspired with E, etc. to commit the instant crime, the lower court rendered a not-guilty verdict on all the facts charged against the Defendants, by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment

2. Examining the evidence duly adopted and examined by the court below based on the records, the court below's decision is justified in holding the Defendants not guilty of all the charges on the ground that the evidence submitted by the prosecutor alone for the reasons stated in its reasoning is insufficient to recognize that Defendant A conspired to commit the crime of smuggling in this case with Defendant E, etc., and there is no error of misconception of facts or misapprehension of legal principles as pointed out in the grounds for appeal

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.