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(영문) 서울고등법원 2018.05.25 2017노3391

특정범죄가중처벌등에관한법률위반(관세)

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and six months and by a fine of 813,930,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of the facts and the misapprehension of the legal principles are as follows: Defendant 1: (a) misunderstanding of the fact and misunderstanding of the legal principles that the instant case was purchased for sale in the Red Congo or the U.S. land (hereinafter “the instant case’s visibility”); and (b) G arbitrarily brought about the Republic of Korea in the instant case where G was planned to keep it in the Russia or Hong Congo, not in Korea.

Therefore, the Defendant did not have conspiredd with G to commit the instant crime, and there was no intention to import smuggling of the instant visual activity.

Nevertheless, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine, which found all of the facts charged of this case guilty.

2) The sentence sentenced by the lower court (the imprisonment of three years and the fine of 813,930,000 won and the suspended sentence of the above imprisonment of five years) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. 1) Determination on the Defendant’s misunderstanding of the facts and the misapprehension of the legal doctrine

Even if there are two or more persons, if the combination of doctors is carried out in a successive or secret manner, a public contest relationship is established, and even those who did not directly participate in the act of the contest shall be held liable as a joint principal offender for the act of another contest.

In addition, it is necessary to establish the criminal facts of one's own conspiracy or conspiracy, and it is necessary to provide strict proof, but it is recognized that the defendant was directly involved in the act of execution.