관세법위반등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for three years and fines for 24,50,000,000 won, and two years, respectively.
The lower court determined that the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) due to the preliminary import of smuggling among the facts charged in the instant case was not guilty, and convicted of violating the Customs Act due to the preliminary import of smuggling.
The Defendants and the public prosecutor filed an appeal only against the guilty portion of the judgment of the court below, and did not appeal against the acquittal portion of the above reasons.
Therefore, the part of acquittal in the reason is judged to be judged in the trial together with the guilty part according to the principle of no appeal, but this part has already been relieved from the object of the attack and defense between the parties.
Therefore, the scope of the judgment of this court shall be limited to the remainder except the part of acquittal of the above reasons among the judgment below, and the part of acquittal of the above reasons shall be determined separately by the court below's conclusion.
Summary of Grounds for Appeal
Defendant
B (In fact or misunderstanding of the legal principles) Defendant B merely conspiredd with D, Defendant A, and C, etc. to import gold with “to deliver or sell gold bars if the gold bars were imported by smuggling.”
Therefore, Defendant B cannot be punished as a co-principal of the crime of smuggling import, separate from punishment for the crime of acquiring smuggling under Article 274 of the Customs Act. However, the lower court erred by misapprehending the legal doctrine, thereby adversely determining Defendant B as a co-principal of the instant crime.
Defendant A withdrawn all of the misconception of facts and misapprehension of legal principles during the fourth trial of the trial of the party.
Defendant A, who was sentenced by the lower court against the Defendants: Imprisonment with prison labor for three years and a stay of execution for five years; fine for 24.5 billion won; imprisonment with prison labor for three years and a stay of execution for five years; fine for 24.5 billion won; imprisonment with prison labor for a default of fine; and imprisonment with prison labor for two years.