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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A (the imprisonment of eight months, the suspension of execution of two years) is too unreasonable.
B. In full view of the evidence submitted by the Prosecutor 1, the lower court acquitted the Defendants on the charge of violating the Customs Act even though the Defendants were fully convicted of the charges on the violation of the Customs Act, on the ground that the amount paid by the Defendants in the “fireation” can be deemed as actual purchase price, based on the evidence submitted by the Prosecutor.
2) Improper sentencing (for Defendant A), the lower court’s above sentence is too unhued and unreasonable.
2. Determination
A. As to the prosecutor’s assertion of mistake of the facts, the lower court, based on the evidence submitted by the prosecutor, found that the charges on the violation of the Customs Act against the Defendants were proven without reasonable doubt.
The Court rendered a not guilty verdict on this part of the facts charged on the ground that there is no other evidence to acknowledge it.
2) Examining the reasoning of the lower judgment in a thorough manner with the record, the lower court is just and acceptable to have rendered a not-guilty verdict on this part of the facts charged, and there was no sufficient and sufficient circumstance and evidence to clearly oppose the lower court’s finding of facts in the trial, and there was an error of law by mistake of facts, as alleged by the prosecutor, in the lower judgment.
subsection (b) of this section.
B. As to the unlawful assertion of sentencing against the above defendant A and the prosecutor, the crime of this case was committed by the defendant by forging two copies of an import declaration, which is an official document, and used one of them. The case is not less severe, and the case is provided only in the statutory punishment for the crime of forging an official document and the crime of driving an forged official document. Thus, the criminal punishment corresponding to that of the defendant is inevitable.
However, the Defendant committed the instant crime.