[특정범죄가중처벌등에관한법률위반(관세)(인정된죄명:관세법위반,방위세법위반)][공1990.10.15.(882),2066]
Whether the object of preliminary action is subject to forfeiture of Article 198(2) of the Customs Act (affirmative)
Since the act of preparing for the purpose of evading customs duties is punished in accordance with Article 182(2) of the Customs Act in accordance with Article 180(1) of the same Act, when there is such preliminary act, it constitutes "in the case of Article 180(1) of the same Act" as referred to in Article 198(2) of the same Act, which provides for the forfeiture of illegal goods when there is such preliminary act, and therefore, it is justifiable in the court below's decision that collected an amount equivalent to the domestic wholesale price of the goods at the time of the offense from the defendant in accordance with Article 198(3) of the same Act.
Articles 180(1), 182(2), and 198 of the Customs Act
Defendant
Defendant
Central and Medium General Law Firm, Attorneys Kim Hong-jin
Busan High Court Decision 90No344 delivered on June 20, 1990
The appeal is dismissed.
23 days of detention after an appeal shall be included in the calculation of the original sentence.
The grounds of appeal by the defendant and his defense counsel are also examined.
The act of preparing for the purpose of evading customs duties is punished in accordance with Article 182(2) of the Customs Act in accordance with Article 180(1) of the same Act, and there is such preliminary act, the act constitutes “in the case of Article 180(1) of the same Act” under Article 198(2) of the same Act, which provides for the confiscation of illegal goods of a customs offender.
Therefore, the decision of the court below that the defendant prepared for smuggling shall be subject to forfeiture of Article 198 above and the measures that additionally collect an amount equivalent to the domestic wholesale price at the time of offense from the defendant pursuant to Article 180 (1), Article 182 (2) or Article 198 of the Customs Act shall be justified, and there is no error of law in the decision of the court below in interpreting Article 180 (2) or Article 198 of the Customs Act.
In this case where a sentence of less than 10 years of imprisonment was imposed, it does not constitute a legitimate ground for appeal.
Therefore, the appeal shall be dismissed, and twenty-three days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Chang-chul (Presiding Justice)