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(영문) 대법원 2016.05.12 2015도17546
관세법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have determined that the Defendant was guilty of violating the Customs Act by attempted smuggling import and smuggling import and by violating the Sewerage Act (excluding the portion of acquittal for the reasons) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation by violating logical

2. Examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have determined that there was no proof of the crime regarding the violation of the sewerage law in the annexed crime No. 9 or No. 16 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state specific reasons in the petition of appeal as to the conviction and did not state the reasons for appeal.

3. 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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