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(영문) 대법원 2018.12.27 2017도17424
특정범죄가중처벌등에관한법률위반(관세)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment that found the Defendants guilty on the charges of this case on the grounds that there is no proof of crime, and sentenced the Defendants not guilty.

In light of the records, although the court below's reasoning is not appropriate, the conclusion of the court below's decision that there was no proof of crime against the defendants in the facts charged in this case is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, thereby affecting the conclusion of the judgment.

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

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