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(영문) 대법원 2014.09.04 2014도7293
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 that acquitted the Defendant of the facts charged prior to the amendment to this part of the indictment, and found the Defendant guilty on the grounds that the Defendant made a false report on the person liable for duty payment and business registration number while making an import declaration,

The allegation in the grounds of appeal that there was no intention to make false reports is nothing more than a dispute over the judgment of the court of fact-finding on the selection and probative value of evidence, which actually belongs to the free judgment

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding intentional act or by exceeding the bounds of the free evaluation of evidence.

Meanwhile, while the Defendant appealed to the entire judgment of the court below, the remainder of the conviction does not indicate the grounds of objection in the petition of appeal and the appellate brief.

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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