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(영문) 인천지방법원 2019.11.21 2019노1677

관세법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (two years of suspended sentence for ten months of imprisonment, additional collection 93,960,00 won, and eight hours of community service order) is too unreasonable. The reasons for appeal by the prosecutor are that it is improper that the sentence of the court below is too uneasible.

2. The judgment of the defendant committed the crime of this case for a period of four months, while the defendant committed the crime of this case, the amount of gold bars that the defendant pushedly imported or exported is disadvantageous to others, while the defendant shows an attitude to recognize and reflect the crime of this case, and there is no record of punishment for the same kind of crime.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal of this case are without merit. It is so decided