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(영문) 대법원 2017.02.15 2016도20960
관세법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court affirmed the first instance judgment that acquitted the Defendant on the violation of the Customs Act due to smuggling and the violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds on the grounds that all of the primary charges of this case were found to have no proof of crime, and affirmed the first instance judgment that acquitted the Defendant on the part of the violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds.

The judgment below

Examining the reasoning of the lower judgment in light of the record, 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, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on the crime of smuggling under Article 269(3)2 of the former Customs Act (amended by Act No. 12159, Jan. 1, 2014).

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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