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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against the judgment of the first instance court, and asserted only erroneous determination of facts and misapprehension of legal principles as to obstruction of exercise of rights and unreasonable sentencing as the grounds of appeal.
In such a case, the argument that the lower court erred by mistake or misapprehension of legal principles as to the violation of the Customs Act cannot be a legitimate ground for appeal.
In addition, examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s collection of KRW 4,923,00,000 from the Defendant for reasons stated in its reasoning is justifiable as it is in accordance with the purport of the judgment of remand, and there is no error of law by misapprehending the legal principles on the calculation of
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing
2. As the nature of Defendant B’s appeal on Defendant B’s ground of appeal is to correct a disadvantageous original judgment and claim a favorable judgment, the Defendant cannot have the right to appeal unless the judgment is disadvantageous to himself.
The judgment of innocence is the most favorable judgment against the defendant and cannot be deemed as a judgment unfavorable to the defendant. As to the obstruction of another’s exercise of rights, which was judged not guilty in the judgment of the court below among the facts charged in this case, there is no right to appeal against the defendant, and the grounds of appeal related to this part cannot be deemed as legitimate grounds of appeal.
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.