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(영문) 대법원 2020.02.06 2019도15050
관세법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court acquitted Defendant A, B, C, and D on the ground that there was no proof of crime as to the violation of the Customs Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (property concealment in a foreign country), the violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, and the facts charged against Defendant E

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 in violation of logical and empirical rules, by misapprehending the legal doctrine on lawful search and seizure procedures for digital information stored in the storage device, by excluding illegally collected evidence, and by omitting judgment,

2. As to the grounds of appeal by Defendant A, B, and C, the lower court convicted Defendant A, B, and C of the charge of giving property in breach of trust on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the validity of a search and seizure warrant, lawful search and seizure procedures for electronic information stored in documents and storage media, and exclusionary

3. As to the Defendant D’s grounds of appeal, the lower court convicted Defendant D of the charge of giving rise to breach of trust among the facts charged against Defendant D.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on joint principal offenders

4. 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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