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(영문) 대법원 2014.09.04 2014도8337
관세법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The part rejected by the court of final appeal on the ground that the argument in the grounds of final appeal is groundless shall become final and conclusive at the same time as the ruling is rendered, and the defendant shall no longer contest against this part, and the court remanded shall not make a decision contrary thereto. Thus, the defendant shall no longer make a claim on this part as the grounds of final appeal

(2) According to the records, the defendant's ground of appeal pointing out that the defendant's violation of the Customs Act among the charges of this case among the charges of this case was not known that 100,000 poundis is forged, and there was no criminal intent in violation of the Customs Act. The defendant's ground of appeal pointing out that misunderstanding of facts or misunderstanding of legal principles had not been imported 10,000 poundis 100,000 won in collusion with B, the defendant's ground of appeal pointing out that misunderstanding of facts or misunderstanding of legal principles had already been rejected in the previous appellate court. Thus, this part of the ground of appeal by the defendant cannot

In addition, according to the evidence duly adopted and examined by the first instance court, the lower court’s judgment that found the Defendant guilty of the exercise of perjury among the facts charged in the instant case on the grounds stated in its reasoning is justifiable in accordance with the purport of the judgment of remanding. In so doing, it did not err by violating the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced, and thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the sentence

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

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