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(영문) 대법원 2017.06.29 2017도3832

관세법위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendant was guilty of this case’s facts charged (excluding the portion without charge) on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by misapprehending the legal doctrine on functional control, admissibility of evidence, trial principle, and statutory principle in common principals, or by infringing the Defendant’s right to fair trial

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