All appeals are dismissed.

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted the Defendant of the facts charged in this case (excluding the dismissal of prosecution and the part not guilty

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against logical and empirical rules.

2. Article 48(1)1 and 48(2) of the Criminal Act concerning the grounds of appeal by the prosecutor is arbitrary and thus, whether to collect an additional collection of an article that meets the requirements for such additional collection is subject to the discretion of the court.

(see, e.g., Supreme Court Decision 2011Do585, Jul. 14, 2011). Of the instant facts charged, the lower court did not impose an additional collection upon the conviction of the violation of the Act on the Control of Smuggling due to smuggling. The lower court’s failure to impose an additional collection can be deemed as a result of exercising the said discretionary power, and contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine on the additional collection.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, there is no statement in the petition of appeal as to the facts charged, nor there is no statement in the appellate brief as to the grounds of objection.

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