특정범죄가중처벌등에관한법률위반(관세)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended sentence, two years of suspended sentence, 359,260, 440 won) is too unreasonable.
2. The Defendant recognized all of the instant crimes and repented his mistake.
The crime was committed in preparation, and all gold bars intended to be sealed by customs have been seized by customs, and have not been distributed during the time.
There is no record of criminal punishment against the defendant.
However, the crime of this case is that the defendant attempted to keep a gold leader, and if the gold leader is distributed in Korea, there is a large risk of undermining the distribution order of gold, and there is a large amount of gold leader that the defendant attempted to commit so.
In particular, in light of the purport of Article 6(7) of the Act on the Aggravated Punishment, etc. of Specific Crimes, where the cost of smuggling exceeds 200 million won, there is a need to strictly punish the accused in light of the purport of Article 6(7) that provides that the “preliminary offense” shall
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, all of the sentencing conditions shown in the instant pleadings, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.