The appeal is dismissed.

The grounds of appeal are examined.

The Defendant’s assertion in the grounds of appeal is true that the Defendant entered the Republic of Korea after receiving a proposal from a person E to transport dymond originals, but he was aware that the Defendant was containing dymond originals inside the Egypt left the Republic of Korea, and even though he was unaware of the fact that hymons were included, the lower court found the Defendant guilty by conducting erroneous fact-finding, and thus, the lower court’s judgment was unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

In light of all other circumstances as shown in the record, the court below's decision that knew of, or at least dolusently recognized of, the fact that there was narcotic drugs, such as philophones, within the bags transported by the defendant for reasons as stated in its reasoning, in light of the fact that the defendant knew of, or at least recognized of, the fact that there was narcotic drugs, such as philophones, within the bags transported by the defendant, the final destination of Japan would rather reduce the risk burden.

There is no violation of the principle of free evaluation of evidence in violation of logical and empirical rules or the presumption of innocence.

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