특정범죄가중처벌등에관한법률위반(관세)
The judgment of the first instance shall be reversed.
Defendant
A Imprisonment with prison labor of one year and six months and fine of 305,235,620 won, and one year of imprisonment for Defendant B.
1. The summary of the grounds for appeal against the Defendants in the first instance (the Defendant A: imprisonment of one year and six months, fine of 305,235,620 won, confiscation, Defendant B: imprisonment of one year and six months, fine of 24,18,496 won, and confiscation) is too unreasonable.
2. In light of the fact that the crime of this case was committed by the Defendants using a mos concealing for the concealment of gold bullion and discovered in a customs house to commit such crime and attempted to commit such crime, and that there is a high risk of disturbing customs administration and undermining domestic distribution order of gold bars, the nature of the crime of this case is not easy.
However, the Defendants’ perception of the crime of this case and reflects the mistake, and the Defendants’ degree of participation cannot be deemed to have been significant as mere transportation measures; the Defendants’ seizure of the entire gold leader that the Defendants attempted to commit the crime of this case; the Defendants did not seem to have acquired particular economic benefits from this case; the Defendants did not have any domestic criminal power; the Defendants’ age, character, occupation and environment, occupation and environment, family relationship, relationship with the victims, motive, means and consequence of the crime of this case; and the sentencing level in a similar case, considering the following circumstances, including the punishment imposed by the first instance court to the Defendants is unreasonable.
Therefore, the defendants' arguments are justified.
3. The judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is all reasonable, and the judgment is again rendered as follows.
[Reasons for the decision to dismiss] Criminal facts and summary of evidence are as stated in the judgment of the court of first instance, and the summary of facts and evidence against the defendants recognized by this court is as stated in the corresponding column of the judgment of the court of first instance. Thus, they are cited in accordance with
Application of Statutes
1. Each relevant Article of the Act concerning criminal facts;