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(영문) 대법원 2019.01.31 2018도18811

관세법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted, the lower court’s determination that the Defendant was guilty on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the violation

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have found Defendant B guilty on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, 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, or by misapprehending the legal doctrine on conspiracy and conspiracy.

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable

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