[관세법위반,방위세법위반][공1990.11.15.(884),2226]
Whether the object of violation of Article 181 subparagraph 2 of the Customs Act is subject to confiscation under Article 198 (2) of the same Act (affirmative)
Even in the case of a violation of Article 181 subparagraph 2 of the Customs Act, it may be forfeited in accordance with Article 198 (2) of the same Act.
Article 181(2) and Article 198(2) of the Customs Act
Defendant
Defendant
Attorney O Jong-ok
Busan High Court Decision 90No251 delivered on June 14, 1990
The appeal is dismissed.
The grounds of appeal by defense counsel are examined.
When examining the evidence of the first instance court cited by the court below in comparison with the records, it is possible to fully recognize the crime of violation of the Customs Act in the judgment of the defendant, and there is no violation of the rules of evidence in the process of
In addition, the decision of the court below that the court below may accept water in accordance with Article 198 (2) of the Customs Act even in the case of Article 181 (2) of the same Act shall be justified and there is no violation of law in the misapprehension of
All arguments are groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Chang-chul (Presiding Justice)