【裁判要旨】被告人多次走私普通货物,走私既遂部分没有被当场查获、扣押涉案走私货物,只要有其他相关证据能够予以证实,仍然可以认定行为人的走私犯罪行为;由于走私既遂部分的涉案走私货物未能扣押,且被告人系雇佣人员,受他人雇请而参与走私的运输环节,不参与分赃,量刑时对被告人可以从轻,减轻处罚。 [Summary of Judgment] The defendant repeatedly smuggled ordinary goods. The smuggled part of the smuggled goods was not seized or seized on the spot. If the smuggled goods involved in the smuggling were seized, the smuggling of the smuggled part of the smuggled goods could still be deemed as long as there were other relevant evidences to prove it. Smuggled goods failed to seize, and the defendant is hired staff, hired by others to participate in smuggling transport links, do not participate in the spoils, sentencing at the time of the defendant can reduce mitigating punishment.