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(영문) 제주지방법원 2013.11.20 2013고단1392

관세법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 10, 2013, at around 20:30, the Defendant entered Korea from Hong Kong to Jeju, and imported the amount equivalent to approximately KRW 79 million at the market price of 1,573.08g, such as 8, 76.2g foots, without filing a report thereon with the head of customs office, and concealed them into the press room connected with the knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Report on taking photographs of evidence;

1. The police seizure record and the list of seizure;

1. A report on the calculation of appraised prices;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a written accusation by the head of Jeju Customs Office);

1. Article 269 (2) 1 and Article 241 (1) of the Act on the Punishment of Crimes and Articles 269 (2) 1 and 241 (1) of the elective Customs Act;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition by taking into account the following: (a) the market price of gold bars imported by the Defendant for sentencing under Article 282(2) of the Confiscation Customs Act and Article 48(1)1 of the Criminal Act is considerably high; and (b) the crime of smuggling, such as this case, harms the appropriateness of the customs administration for the imposition and collection of customs duties; (c) in particular, the fact that the imported goods carried by the Defendant are a reason for sentencing unfavorable to the Defendant: (d) the Defendant is recognized as committing a crime; (e) the Defendant is a first offender who has no criminal history; (e) the foreigner is a foreigner who is residing in the Republic of Korea and is supported by his wife and his wife; and (e) the fact that