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(영문) 대법원 2019.09.10 2019도8725
관세법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the charged facts of this case and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on interpretation of Article 241(1) and (2)2 and Article 258(2) of the Customs Act, Article 246(4)3 and Article 261 subparag. 5 of the Enforcement Decree of the Customs Act, and Article 36(1)8 of the Public Notice on Customs Clearance.

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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