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(영문) 인천지방법원 2017.08.10 2017고단4655

관세법위반

Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When it is intended to import goods, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office.

Nevertheless, on June 16, 2017, the Defendant promised to receive KRW 400,000,000 as consideration for transporting gold from the wounded person; thereafter, the Defendant entered the Incheon Port 2 International Passenger Terminal via D departing from a port of port for Chinese injury on the same day; and then, the Defendant’s total market price of KRW 100,254,00,000, in the form of a verification tape.

2. Two parts are attached to each floor of their own, and one of them was detected in the course of inspection of their personal effects without filing a report thereon with the head of the customs office by concealing both horses.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Act and Articles 271(2), 269(2)1, and 241(1) of the Act on the Selection of Criminal Crimes (or Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing of Article 282(2) of the Confiscation Customs Act is that 【The reason for affirming the suspension of execution” was in accordance with the order of the owner of the goods, and thus, the customs collector was arrested when attempting to keep the goods in a singularum on the floor

Criminal charges are only one case for attempted crimes.

In the position of temporary transport measures, the remuneration received by the defendant is not significant.

However, it is not a way to actively cooperate in the investigation of the upper vessel.

In the process of detention, the period of edification, which affected the suppression of recidivism, was the first crime, and the period of confinement.

If this judgment becomes final and conclusive, compulsory prosecution is expected.

If such circumstances are the same, it is highly likely to repeat the crime.

It does not mean that they are.

The treatment in society is more appropriate than that in long-term detention.

【Determination of sentence】 Determination of sentence against the defendant for seven months shall be sentenced to the punishment, and the execution of the sentence shall be suspended for two years.