특정범죄가중처벌등에관한법률위반(관세)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, three years of suspended execution, and fine 204,492,260) is too unreasonable.
2. While considering the circumstances leading up to the instant crime and the fact that there is a high possibility of criticism, the lower court, in light of the circumstances, etc., considered the Defendant’s unfavorable circumstances, the lower court suspended the execution of imprisonment with prison labor within the scope of mitigated statutory punishment by taking into account the following factors: (a) the confession and mistake of the Defendant were committed; (b) the smugglings were seized in the customs house; (c) the Defendant appears to have cooperation in the investigation; and (d) the Defendant appears to have obtained substantial economic benefits from the instant crime; and (b) the fact that there was no past record of domestic criminal punishment; and (c) the amount of the fine
As such, the lower court appears to have taken the highest action within the scope permitted by the law, taking full account of the circumstances favorable to the Defendant, and it is difficult to see that the sentence imposed by the lower court was too excessive compared to the extent of the Defendant’s responsibility, and thus, the Defendant’s wrongful argument in sentencing cannot be accepted.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.