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(영문) 인천지방법원 2019.09.05 2019노431

관세법위반

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal is that each sentence (the 2 years of suspended execution and the 6 million won of fine in the 6 months of imprisonment, the 10 million won of fine in the Defendant Company B: the 10 million won of fine in the 6 months of imprisonment) declared by the court below against the Defendants is too uneasible.

B. The quantity and value of virtual currency extraction machines imported by Defendant A by unlawful means is a considerable disadvantage.

However, considering the favorable circumstances such as Defendant A’s no record of being punished for the same crime, and there is no record of criminal punishment exceeding the fine, as well as all the conditions of sentencing as shown in the pleadings of the instant case, such as the age, character and conduct, environment, method and circumstance of the crime, etc., the lower court’s each sentence imposed on the Defendants is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

2. The Defendants were dissatisfied with the lower judgment on January 29, 2019 and filed an appeal, and Defendant A was served with the lower court on February 20, 2019, and Defendant B did not submit each written notification of the receipt of the trial record on February 19, 2019 within 20 days from the due date for submission of the appellate brief, and the petition of appeal does not contain any indication of the grounds for appeal even though the record was examined.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit. The defendants' appeal shall be dismissed under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is dismissed by judgment on the grounds that it has no merit, all of the appeals shall be dismissed by judgment.