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(영문) 인천지방법원 2015.08.28 2015노1227

관세법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the penalty imposed by the court below on the defendant (2.8 million won of a fine) is too unhued.

2. In full view of the circumstances, such as the fact that the evaded tax amount due to the instant crime is considerable, the Defendant is the primary offender, and the fact that the Defendant recognizes and reflects the instant crime, the fact that the Defendant paid the unpaid tax amount in full, the Defendant’s character and conduct, the environment, the motive, means and consequence of the instant crime, and other circumstances that form the conditions for the pleadings and the sentencing specified in the record, such as the circumstances after the instant crime, are deemed reasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.